Doctrine of Precedent

Doctrine of Precedent Latest News

The Kerala High Court recently reaffirmed that any tax assessment orders passed on ignorance of binding precedents set by higher courts are violative of the doctrine of precedent and thus unsustainable.

About Doctrine of Precedent

• The doctrine of precedent is the custom of the courts to stand by previous decisions, so that once a point of law is decided upon by a court, then the same law must be applied to future cases with materially similar facts.
• It is often referred to as ‘stare decisis’. 
• The lower courts will take account of and follow the decisions made by the higher courts.
• It ensures consistency, predictability, and stability by obligating courts to follow the legal principles established in previous decisions.
• The foundation of the doctrine of precedent lies in Article 141 of the Indian Constitution. 
  • This article states that the law declared by the Supreme Court is binding on all courts within India. 
  • Essentially, lower courts must follow the legal interpretations and judgments laid down by the Supreme Court.
• Key Aspects:
  • Ratio Decidendi: The legal reasoning that forms the binding part of a judgment. Courts must follow this in similar cases.
  • Obiter Dicta: Non-essential remarks made by the court. Although not binding, they can be influential in future cases.
• Landmark Judgment:
  • The State of Orissa v. Mamata Patnaik (1978) case highlighted the significance of following precedent. 
  • The Supreme Court emphasised that adherence to established legal principles ensures consistency in the application of law. 

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Doctrine of Precedent FAQs

Q1. Which article of the Indian Constitution establishes the binding nature of Supreme Court judgments?

Ans. Article 141

Q2. What is ‘Obiter Dicta’ in a court judgment?

Ans. Non-essential remarks that are not binding but may be influential.

Q3. What is a “Persuasive Precedent”?

Ans. A precedent that can be considered by a court but is not binding.

Source: TAXS