INTRODUCTION: THE INDIAN BACKGROUND
The Constitution of India enacted on the 26th day of November 1949 resolved to constitute India as a Union of States and a sovereign, socialist, secular, democratic republic. Today, a population of over one billion Indians live in twenty eight states and seven union territories within India. In addition, about twenty five million Indians called non-resident Indians, reside in foreign jurisdictions. Within the territory of India, spread over an area of 3.28 million sq. kms., the large Indian population comprised of multicultural societies professing and practicing different religions and speaking different local languages coexist in harmony in one of the largest democracies in the world.
The Indian Parliament, at the helm of affairs, legislates on central subjects in the Union and concurrent lists and state legislatures enact laws pertaining to state subjects as per the state and concurrent lists with regard to the subjects enumerated in the Constitution of India. Likewise, pertaining to the Judiciary, under article 214 of the Indian Constitution there shall be a High Court for each State and under Article 124 there shall be a Supreme Court of India. Under Article 141 of the Constitution, the law declared by the Supreme Court shall be binding on all Courts within the territory of India. However, the Supreme Court may not be bound by its own earlier views and can render new decisions.