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precedent

English · PRES-i-dunt · Jurisprudence and interpretation

Meaning. An earlier judicial decision that a court follows in later cases raising the same question of law.

The doctrine of precedent (stare decisis) gives binding force to the ratio decidendi of a decision of a superior court. In India, Article 141 makes the law declared by the Supreme Court binding on all courts; a High Court's decision binds the subordinate courts in its State; and a bench is bound by an earlier decision of a bench of equal or larger strength, unless it refers the question to a larger bench.

Only the ratio binds. Obiter dicta are persuasive (though Supreme Court obiter carries great weight), as are decisions of other High Courts and foreign courts. A precedent loses force if overruled, given per incuriam, or decided sub silentio on the point. The Supreme Court is not bound by its own earlier decisions.

Example

A Division Bench of the High Court is bound by the precedent of another Division Bench and, if it disagrees, must refer the question to a Full Bench.

In Indian law

  • Article 141, Constitution of India

See also

stare decisis · ratio decidendi · obiter dicta · per incuriam

Read more in the study notes

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