The difference between reported and unreported judgments in India primarily relates to their publication, accessibility, precedent value, and impact within the legal system:
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Reported Judgments:
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These judgments are published in official law reports or legal journals.
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They usually involve important legal principles, new interpretations of the law, or constitutional issues.
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Reported judgments are binding as precedents on lower courts and serve as authoritative references for future cases.
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They are widely accessible to the public and legal professionals through law reports, legal databases, and journals.
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Reported judgments help ensure consistency and development in the interpretation and application of the law.
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Examples include landmark Supreme Court decisions like Kesavananda Bharati v. State of Kerala.
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Unreported Judgments:
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These are judgments that are not published in official law reports or journals.
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Generally, they involve the application of existing laws without establishing new legal principles.
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Unreported judgments have limited precedent value, typically concerned with the resolution of specific disputes.
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Although not widely disseminated, they are still legally binding and can be accessed through court records or legal databases.
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Their binding nature under the Constitution remains, but they are less cited or relied upon compared to reported judgments.
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They may be less known, requiring thorough research to uncover.
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Legal Authority:
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Both reported and unreported judgments are binding under Article 141 of the Indian Constitution, which states that the law declared by the Supreme Court shall be binding on all courts.
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The distinction largely serves an editorial and practical purpose by highlighting judgments that contribute significantly to legal development versus those resolving individual cases.
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Unreported judgments, while binding, do not carry the same widespread authoritative influence as reported judgments but can be cited if relevant.
Summary Table:
| Aspect | Reported Judgments | Unreported Judgments |
|---|---|---|
| Publication | Published in official law reports | Not published in official reports |
| Precedent Value | High; binding precedent for courts | Limited; binding but less cited |
| Legal Impact | Establish new principles or rules | Application of existing law |
| Accessibility | Widely available publicly | Less accessible, available in records |
| Role in Legal System | Guide future cases and legal clarity | Mainly case-specific dispute resolution |
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