Obiter Dicta
/oh-BEE-ter DIK-tah/
Things said in passing — judicial remarks made incidentally, not essential to the decision, and not binding as precedent.
Full Definition
Obiter dicta (Latin: 'said by the way') are statements in a judgment that are not material to the decision — opinions expressed on hypothetical situations, tangential issues, or alternative reasoning that was not necessary to resolve the dispute. While not binding, obiter dicta by the Supreme Court carry significant persuasive authority — lower courts and future benches frequently rely on them. The distinction between ratio and obiter is not always clear-cut: a statement may simultaneously be ratio for one issue and obiter for another.
In Indian Law
Indian courts treat Supreme Court obiter dicta as highly persuasive but not binding under Article 141. The Supreme Court in Krishena Kumar v. Union of India (1990) clarified the ratio vs obiter distinction in the Indian context. Notable obiter: Justice Chandrachud's observations in Kesavananda Bharati on amending power were obiter but became highly influential.