Q. What is obiter dicta? Distinguish between obiter dicta and ratio decidendi. [20 marks - 2019]
Obiter dictum is a Latin phrase that means "something said in passing". In law, it refers to a judge's comment, observation, or suggestion in an opinion that is not necessary to resolve a case. Obiter dicta are not legally binding on other courts, but they can be cited as persuasive authority in future litigation.
Ratio decidendi is a Latin phrase that means "the reason for deciding" or "rationale for the decision". In law, it refers to the key factual point or chain of reasoning that leads to a court's final judgment. It's part of the judgment delivered at the end of a case and is generally binding on lower courts and later judgments.
Difference between Obitar Dicta and Ratio Decidendi
Obitar Dictum
Obiter dictum is a Latin phrase that means "something said in passing". In law, it refers to a judge's comment, observation, or suggestion in an opinion that is not necessary to resolve a case. Obiter dicta are not legally binding on other courts, but they can be cited as persuasive authority in future litigation.
Ratio Decidendi
Ratio decidendi is a Latin phrase that means "the reason for deciding" or "rationale for the decision". In law, it refers to the key factual point or chain of reasoning that leads to a court's final judgment. It's part of the judgment delivered at the end of a case and is generally binding on lower courts and later judgments.
Difference between Obitar Dicta and Ratio Decidendi
| Ratio Decidendi | Obitar Dicta | |
| 1 | Ratio decidendi is the legal framework that supports a judge's decision in a case | obiter dicta are observations or remarks made by a judge that are not part of the judgement |
| 2 | Ratio decidendi is binding authority and is significant in judicial precedents | obiter dicta are not legally enforceable and have little legal weight |
| 3 | Ratio decidendi is the reason for the decision or judgment, and includes the legal principles and rules that are binding and must be followed in future similar cases. It refers to the steps involved in resolving a dispute, which must be directly related to the issue or issues at the core of the dispute | Obiter dicta are additional opinions or observations made on the issues involved in the case, and include remarks made by the judge that are not binding on the parties to the case. They are not necessary for making a decision but can be useful in understanding the circumstances that led to the court's conclusion |
| 4 | The explanation provided is required to decide the case’s outcome. | The above legal statement or argument is hypothetical and is just used to illustrate or clarify anything. |
| 5 | The ratio decidendi is binding on inferior courts and has binding authority. | An obiter dictum carries no such weight. It is a phrase by the courts that has no weight. |
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