Definition
A matter or legal question that has not been previously adjudicated or authoritatively settled by a competent court and therefore remains open for judicial determination.
'Res integra' is a Latin legal expression meaning, literally, a “thing untouched” or “matter untouched.” In legal usage, it describes a question that is fresh, undecided, or not previously settled by judicial authority. The expression is commonly used when a court is confronted with a legal issue for which there is no binding precedent directly determining the question. The court may therefore examine the statutory language, constitutional principles, prior persuasive authorities, established legal principles, and the facts of the case before reaching its own conclusion. Unlike res judicata, which emphasizes the finality of a matter already adjudicated, res integra describes a matter that remains open because it has not yet been authoritatively decided.
Statutory Definition
A legal question or matter that remains unsettled because it has not yet been authoritatively determined by a competent court and is therefore open for judicial determination. And Article 141 of the Constitution of India does not apply to the matter yet.
Etymology & Origin
The expression res integra is derived from Latin: res — thing, matter, affair integra — untouched, whole, unimpaired, fresh Thus, res integra literally means a “matter untouched” or “matter remaining fresh.” In legal usage, the expression came to describe a legal question that remains unsettled or open for determination because it has not been authoritatively decided by a competent court.
