stare decisis

The full maxim is stare decisis et non quieta movere, “stand by decisions and do not disturb what is settled”. It is the basis of the doctrine of precedent, which gives the law certainty and consistency. Only the ratio decidendi of a case binds; obiter dicta are persuasive.

In India, Article 141 makes the law declared by the Supreme Court binding on all courts, and High Court decisions bind subordinate courts within the State. A bench is bound by an earlier decision of a bench of equal or larger strength; if it disagrees, it refers the matter to a larger bench. The Supreme Court is not bound by its own earlier decisions and may overrule them. Decisions given per incuriam or sub silentio do not bind.

Example

Applying stare decisis, the High Court followed the Supreme Court's ruling though it doubted its correctness.

In Indian law

• Article 141, Constitution of India

See also

precedent · ratio decidendi · obiter dicta · per incuriam

Read more in the study notes

• Precedent and stare decisis in India: Article 141 (Judicial and Legislative Process)
• The nature of the judicial process: Cardozo and the common law model (Judicial and Legislative Process)
• Precedent: ratio decidendi, obiter dicta and binding force (Jurisprudence)
• Methods of study: lectures, textbooks, the case method and technical terms (Legal Methods)
• The British judiciary, the Privy Council and the party system (Political Science - Major World Governments)
• Sources of international law (Public International Law)