Precedent — Stare Decisis, Ratio and Obiter — KSLU Jurisprudence Notes

Precedent — Stare Decisis, Ratio and Obiter

Stare decisis et non quieta movere [stand by what is decided and do not disturb the settled].

1. The doctrine in India: Article 141 — the law declared by the Supreme Court binds all courts; High Courts bind subordinate courts in their States; co-ordinate benches follow each other unless a larger bench differs.
2. Ratio decidendi — the principle of law necessary for the decision: the only binding element. Obiter dicta — things said by the way — persuade but never bind.
3. Kinds: original (creates the rule) and declaratory; authoritative (binding) and persuasive (foreign and co-ordinate decisions).
4. Escapes from a binding precedent: distinguishing (material facts differ), overruling (by a larger/higher bench), and per incuriam (rendered in ignorance of a binding statute or decision — not binding at all).
5. Merits vs demerits: certainty, equality and the growth of principled case law — against rigidity, the risk of perpetuating error, and bulk. The Supreme Court’s own practice (Bengal Immunity v. State of Bihar, 1955) shows it may depart from its earlier view when public interest demands.