Supreme Court of India

WP(C) 26

Mathews J Nedumpara & others
Vs.
Union of India & others

PRAYERS

a) To declare that the proposition that an order or judgment of this Hon’ble Court, and in particular those under Article 142 of the Constitution, is binding on all is absolutely flawed, inasmuch as, when Parliament enacts a law, all citizens of this country are symbolically present, and it is with their consent that the law is enacted; thus, laws enacted by Parliament is binding on all, on the contrary, when this Hon’ble Court passes an order or renders a judgment in a matter concerning the public at large, it does not bind anyone other than the parties before it, inasmuch as it is a fundamental principle of law that nobody is bound by a judgment to which they are not a party, therefore, all orders rendered by this Hon’ble Court in so-called PILs (Public Interest Litigations) are void ab initio, stillborn and never existed in the eyes of the law; and