Precedent in Jurisprudence

Precedent (in Jurisprudence)

🔷 What is Precedent?

The word “precedent” comes from Latin “praecedere” which means “to go before.”
In law, a precedent means a past judicial decision that is followed in future similar cases.

“A precedent is a decision of a court which is used as an example in deciding later similar cases.”

🔶 Definition

According to Keeton:

“A judicial precedent is a judicial decision which contains in itself a principle.”

According to Salmond:

“Precedent is a judicial decision which is authoritative and binding.”

🔷 Why is Precedent Important?

Ensures Uniformity – Same laws are applied in similar cases.
Provides Certainty – People know how the law works.
Guides Judges – Judges can refer to earlier decisions.
Develops Law – Courts help in making and evolving law.
Saves Time – No need to rethink everything from the beginning.

🔶 Types of Precedent

1. Authoritative Precedent

Must be followed by lower courts.
Binding in nature.
Example: A Supreme Court judgment must be followed by High Courts.

2. Persuasive Precedent

Not binding but can be followed.
Used for guidance or reference.
Example: A High Court’s decision used in another state.

Based on How They Are Used:

3. Original Precedent

When a new principle of law is established for the first time.

4. Declaratory Precedent

Declares or explains an existing rule of law.

5. Distinguished Precedent

When a court decides not to follow a precedent because the facts are different.

🔷 Doctrine of Stare Decisis

Latin: “Stare decisis et non quieta movere” – "To stand by what is decided."

It is the principle that courts must follow earlier decisions in similar cases.
Provides stability and consistency in the legal system.

🔶 Ratio Decidendi vs Obiter Dicta

Ratio Decidendi	Obiter Dicta
Legal reason for the decision	Extra opinion or remark
Binding	Not binding
Used as precedent	Only persuasive

✳️ Example:

If a judge says, “A person who commits theft is punishable under law,” that’s Ratio.
If he adds, “All thefts usually happen at night,” that’s Obiter.

🔹 Hierarchy of Courts in India (For Precedent)

Supreme Court of India – Highest court. Its decisions are binding on all.
High Courts – Bind all lower courts in their state.
District and Subordinate Courts – Must follow High Court and Supreme Court rulings.

🔷 Binding Nature of Supreme Court Decisions

Article 141 of Indian Constitution:

“The law declared by the Supreme Court shall be binding on all courts within the territory of India.”

🔶 When Precedents Are Not Followed

Overruled – A higher court finds a previous decision wrong and cancels it.
Distinguished – Court finds facts of the case are different.
Per Incuriam – A decision made ignoring a law or earlier binding precedent.
Conflicting Judgments – If two decisions of equal strength exist, courts choose one.

🔷 Merits of Precedent

Certainty in law
Efficiency – Saves time.
Justice – Equal treatment.
Growth of law – New judgments add new principles.

🔶 Demerits of Precedent

Rigid – May stop growth of law.
Complex – Too many cases to refer.
Confusing – If conflicting judgments exist.
Delays – Lawyers and judges spend too much time finding cases.

🔷 Important Case Laws

✅ Donoghue v. Stevenson (1932) – UK Case

Established the concept of duty of care in negligence law.

✅ Keshavananda Bharati v. State of Kerala (1973)

Laid down Basic Structure Doctrine of the Indian Constitution.
Binding on all courts.

✅ State of Rajasthan v. Union of India (1977)

Explained the limits of judicial review.

🔶 Precedent vs Legislation

Precedent	Legislation
Made by judges	Made by parliament
Based on case facts	Based on general rules
Evolves slowly	Can be changed quickly
More flexible	More rigid

🔷 Conclusion

Precedent is a powerful source of law in common law systems like India.
It maintains justice, uniformity, and stability in the legal system.
However, courts must also be flexible and consider changing times.
Judges must balance between following old judgments and making new interpretations to keep law updated.

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