Compilation Commission- Need of the hour.

Verdicts of the Supreme Court bind all courts subordinate. The rules of binding nature of judgments of the high court and that of the Apex Court are embodied under the doctrine of Stare Decisis.

Article 141 of the Constitution of India states that the orders of the Apex Court have the force of law through out the Nation.

While this being the case is it not incumbent on the part of the judiciary to compile all the judgments that have become final and have settled the legal propositions governing the field?

You may say that the law reports and journals do the job. Actually they do not. Because the law journals report various verdicts periodically and they don't compile the laws on the given subject or topic.

Similarly even the updated or revised edition of treatises on any law subject do not compile all the verdicts governing a particular area.

They speak of only cases that are land mark or bench mark in their opinion. Some books are not reprinted too.

So the best way out in my humble opinion is to compile all verdicts of the Supreme Court from its inception in 1950 up to at least 2010. After collecting all case laws, such of those cerdicts that have become final and given quietus to the debated legal subjects may be segregated. From and amongst such of those selected rulings, further filteration need be done as to identify the cases under the following broad heads:
1. Verdicts that have settled the law.
2. Verdicts that have been over ruled
3. Verdicts that have been dissented ot distinguished with
4. Verdicts that have been declared to have been delivered per incuriam.
5. Verdicts that have referred some issues to the decision of larger bench.

The published compilation may be updated once in three years and in due course not much is expected to be done except compiling such verdicts only.

By doing so what is avoided is inconsistency among the courts and divergent views on the same subject.

What is achieved is uniformity in justice delivery system and judicial discipline.

Next question that looms large for consideration is the persons with whom this laborious job be entrusted to.

I think only the retired judges of the Apex Court who have left a trove of rich legsl legacy can be the fit persons to accomplish this task.
A complilation commission under the aegis of the Apex Court would serve as the panacea.

Better late than never.