Law evolves in a manner similar to that of civilizations, cultures et al. It needs time for attaining sufficient maturity and space for its increasing girth. Social conditions and interactions therein form the catalysts for this evolution and the courts of law give it direction and act as modulators. Institutional integrity is essential for formalization of the product of this evolution and its modulation. And formalization expects that the formulation of law resulting out of the precipitate of judicial considerations is upheld avowedly by all the stakeholders. Article 141 of the Constitution is one instrument which seeks to sustain institutional integrity of the Supreme Court.
This emphasis on institutional integrity is all well only till the other component of the evolutionary process is given proportionate resources required. The time component of the process is sufficiently provided for by requiring all the courts to follow the formulations given by the Supreme court but the space component is completely neglected. The Supreme Court being the highest court of law in the country is expected to ascribe to the highest ideal for interpretation and formulation of law but nowhere in its portfolio has it been formally assigned with this expected ascription. The process of evolution of law, having its cradle in social interactions, is modulated and steered by the Supreme Court and the High Courts only which means that sufficient space and time for judicial consideration of legislation is indispensable if law must evolve in a mature manner.
The declaration that law declared by the Supreme Court shall be binding on all the other courts within the territory of India, with its almost instantaneous
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