Obiter Dictum: Meaning and Definition

From the Latin for "something said in passing". A judge's declaration, recommendation, or observation in a ruling that is not necessary to resolve the case and is hence not legally binding in other courts but may be used as evidence in the future. Also known as judicial dicta, dictum, and dicta. Obiter dictum is also typically applied to dissenting opinions.

Obiter dicta cover a wide range of topics, from criticisms of opposing viewpoints to explanations of hypothetical situations, legislation, or even facts. Legal academics frequently differ on the precise definition of dicta in contrast to pronouncements of conclusive precedent or authority in a particular case.

What is Obiter Dictum?

Obiter dictum is singular for the more commonly used phrase obiter dicta. When broken down the meaning translates to ‘by the way’ and ‘said’, used in a single phrase it can be used as ‘said by the way’ or ‘something said in passing’.

Illustrations of Obiter Dictum

When a young man killed his grandfather intentionally to prevent him from rescinding a will, the court ruled that the beneficiary was not entitled to the inheritance that, the will had set aside, stating that one cannot violate the law by doing so. The same outcome would not always occur in a subsequent instance involving a beneficiary who had carelessly contributed to the testator's death in a car accident. The court would be free to narrow the sweeping dicta of the earlier decision and differentiate the instances based on their facts.

Important Case laws

Some of the important cases of this category are −

Thomas Henry Mirehouse & William Squire Mirehouse vs. Frances Henrietta Rennell (1833)

The Mirehouse v. Rennell case established that judges cannot depart from past court rulings for reasons of uniformity, predictability, and consistency. This case made significant contributions to the idea of precedents or judge-made laws. In this instance, Justice Parke also ruled that judges cannot interpret a rule established by earlier courts in a way that is convenient and logical in their eyes.

Anglo-American law, one of the recently developed legal systems in existence around the world, is common law because it resulted from judicial decisions. By making a few adjustments that fit the Indian setting, the courts also adopted the common law in India.

Smt. Bimla Devi vs. Chaturvedi & Ors. (1953)

The Supreme Court was formed by the Constitution of India, 1950, and Article 141 of the Constitution establishes that any legislation pronounced by the Supreme Court is binding on all courts. First, this case provides a clear explanation of the term "law declared" used here.

According to Justice Agarwala, the obiter dictum and the ratio decidendi are only included in the law when they are specifically mentioned and argued for. However, it must be remembered that under Article 141, not all of a judgment's contents can be considered to be binding. The words made by the court during the normal course of rendering a judgement but without regard to the law have no binding effect.

Sarwan Lamba & Ors. vs Union of India & Ors. (1995)

In this instance, the SC noted that, generally speaking, even the obiter dictum expressed in a court judgement is anticipated to be adhered to. The obiter dicta of the Supreme Court also have a lot of weight. However, the type of dictum issued by the court determines the weight of that dicta. If the dictum is merely a passing comment from the court, neither the parties nor the cases that follow are impacted. Another possibility is that some obiter dicta have persuasive or recommandatory power but are unbinding.

Municipal Corporation of Delhi vs. Gurnam Kaur (1989)

"Mere casual expressions carry no weight at all," the Apex Court had stated in this case. Even famous judges cannot always be regarded as making ex cathedra statements that carry the force of law.

Conclusion

In light of the foregoing, it is appropriate to state that an obiter dictum is an opinion that is not necessary to a judgement and is an observation about the law made by a judge during the course of a case, but it is not necessary to its resolution and consequently has no binding effect; it is a "remark by the way."

Frequently Asked Questions

What is the significance of obiter dicta?

Obiter dictum, from the Latin for "that which is said in passing," is a statement that is made incidentally. It specifically refers to a section of a judicial opinion that is not necessary for the court to decide the case at hand. Even while such claims lack the weight of established precedent, they could nonetheless be important.

What are the obiter dicta's fundamental tenets?

Obiter dictum, often known as a "remark by the way," is an opinion that is not necessary to a judgement and is an observation on the law given by a judge during the course of a case, but it is not necessary to its resolution and hence of no binding force.

What are the advantages of obiter dicta?

It helps to highlight the flaw in the judicial or legal system. It leads to the expansion or reform of the legislation. offers solutions to legal issues that the courts have not yet addressed. Judges are knowledgeable about the law, and the government will take their conclusions or judgements seriously.

What distinguishes obiter dictum from ratio decidendi?

The obiter dictum is persuasive while the ratio decidendi has a binding effect. The rationale for the court's ruling is referred to as the ratio decidendi. However, the obiter dictum is a customary statement that can be used to comprehend the facts that led to the court's ruling.