Precedent (Stare Decisis)
/ˈprɛsɪdənt/ /ˈstɛəri dɪˈsaɪsɪs/
Legal Doctrine
Images
CC-licensed · free to useVideo
Definition
The doctrine that courts are bound by prior decisions of higher courts on the same point of law ('stare decisis' — stand by what has been decided). It ensures consistency, predictability, and fairness in the application of law. Binding precedent comes from higher courts; persuasive precedent (from other jurisdictions or lower courts) can be followed but need not be.
Etymology
Legal term with origins in Latin, Anglo-French, or Old English legal tradition, later codified in Indian law.
Examples
Case Study
In Union of India v. Raghubir Singh (1989), a five-judge Constitution Bench of the Supreme Court held that decisions of smaller benches are binding on larger benches only in matters of practice and procedure, not on points of law. On legal questions, a larger bench can depart from a smaller bench's decision. This clarified India's precedent hierarchy. Later in Keshav Mills v. CIT (1965), the Supreme Court established that even its own earlier decisions could be departed from if found to be 'erroneous or unworkable.'
Key Cases
Bengal Immunity Co. v. State of Bihar
1955AIR 1955 SC 661
The Supreme Court overruled its own earlier decision in State of Bombay v. United Motors. Established that the Supreme Court is not absolutely bound by its own precedents under Article 141.
View on Indian Kanoon →Donoghue v. Stevenson
1932[1932] AC 562
Lord Atkin's neighbour principle in tort law created a precedent applied worldwide for nearly a century. The classic example of how a single precedent can shape an entire area of law.
View on BAILII →