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Precedent (Stare Decisis)

/ˈprɛsɪdənt/ /ˈstɛəri dɪˈsaɪsɪs/

Legal Doctrine

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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

Once the Supreme Court of India decides that a particular conduct amounts to contempt of court, all High Courts and subordinate courts are bound by that ruling in similar cases.
A High Court may be persuaded by a decision from the Privy Council or the US Supreme Court on a similar constitutional question, but it is not bound by it.

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

1955

AIR 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.

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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.

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Also Known As

stare decisiscase law

Synonyms

stare decisisbinding precedentcase law authority

Antonyms / Opposites

overrulingper incuriamdeparture from precedent

Related Terms

ratio decidendiobiter dictaoverrulingdistinguishingArticle 141binding authority

Dictionary Entry

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