LL.b Notes

In the course of judgement a judge may take various observations, which are not precisely relevant to the issue before him. The word obiter dicta literally means something said by the judge by way of which does not have any binding authority. The term obiter dicta may be defined as a conclusion based on a fact the existence of which has not been determined by the court. As for example, a particular judge may illustrate his reasoning by reference to hypothetical situations. whatever said by the court by the way of statement of law which lay down a rule which is necessary for the purpose in hands are called obiter dicta.
     Dictas are different kinds and of varying degrees of weight. Sometimes they may be called almost casual expression of opinion upon a point Which has not been raised in the case, and it is not really present to the judge's mind. Such Dicta though entitle to respect due to the speaker may fairly be disregarded by the judge before whom point has been raised. On the other hand some Dicta however are deliberate expression of opinion given after consideration upon a point clearly brought and argued before the court.
     One of the famous case S.R Bommai vs Union of India where the 9 judges bench of the supreme court unanimously held that secularism is one of the basic structure of the Constitution of India. Justice Sawant and Kuldeep Singh observed that social pluralism is one of the basic structure, while justice Ramaswamy observed that socialism, Social justice and fraternity are included in the basic structure of the Constitution. These observations of the learned judges are obiter dicta as they were not directly in the issue in the instant case.