precedent
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
- Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)
- Methods of dispute resolution: adversarial, inquisitorial and ADR (Alternative Dispute Resolution Systems)
- Arbitral award and setting aside under section 34 (Alternative Dispute Resolution Systems)
- Negotiation: meaning, styles and approaches (Alternative Dispute Resolution Systems)
- Phases of negotiation, qualities of a negotiator and power to negotiate (Alternative Dispute Resolution Systems)
- Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)