Understanding The Doctrine of Precedent

The doctrine of precedent is a fundamental principle of the Indian legal system. It ensures that judicial decisions are consistent and stable. This principle means that courts follow earlier decisions to maintain uniformity. For every Indian law aspirant, understanding this doctrine is essential as it forms the basis of legal practice.

What is the Doctrine of Precedent?

The doctrine of precedent comes from common law. It requires courts to follow legal principles  established in earlier cases. The main principles are:

• Stare Decisis : This means courts must follow established precedents to maintain consistency.
• Ratio Decidendi : The reasons behind a judicial decision, which is binding.
• Obiter Dicta : Comments made by a judge that are not essential to the decision and are not binding.

These precedents guide judges in making decisions, ensuring uniformity in the legal system.

Historical Evolution of the Doctrine of Precedent in India

The British introduced the doctrine of precedent to India during colonial times to create a uniform legal system.

• Significant Milestones: The Supreme Court of Calcutta was established in 1774, bringing the common law system to India. Later, the formation of High Courts in 1862 and the Supreme Court of India in 1950 strengthened the use of precedents.
• Landmark Cases: Important cases like Kesavananda Bharati v. State of Kerala (1973) and Maneka Gandhi v. Union of India (1978) have shaped how precedents are to be used.

Hierarchy of Courts and Binding Precedents

Indian judiciary follow a hierarchy, where higher court decisions bind lower courts.

• Supreme Court of India : The highest court, whose decisions bind all other courts throughout the territories of India.
• High Courts : Their decisions bind lower courts within their jurisdiction but must follow the Supreme Court.
• Lower Courts : Include district and subordinate courts that follow precedents set by the High Courts and the Supreme Court.

For example, if a High Court makes a ruling, all lower courts in that jurisdiction must follow it unless a Supreme Court ruling contradicts it.

Significant Landmark Judgments :

• 1. Keshavananda Bharati v. State of Kerala (1973) : This case established the Basic Structure Doctrine, stating that certain parts of the Constitution cannot be changed. This principle is fundamental in Indian constitutional law.
• 2. Maneka Gandhi v. Union of India (1978) : This judgment expanded the interpretation of Article 21 (Right to Life and Personal Liberty), including the right to live with dignity.

These judgments show how the doctrine of precedent works and its impact on Indian law.

Distinguishing Precedents :

Courts may distinguish precedents when the facts of a case are different from those in earlier decisions.

• Why Distinguish? : This allows courts to adapt legal principles to new situations.
• Examples : In State of Rajasthan v. Balchand (1977), the Supreme Court distinguished the facts to grant bail, showing how courts handle different facts while following established precedents.

Overruling and Reversing Precedents :

Higher courts may overrule their previous decisions to correct mistakes or reflect changing societal values.

• Overruling : The Supreme Court overruled its earlier decision in ADM Jabalpur v. Shivkant Shukla (1976)  through Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) case, affirming the right to privacy as a fundamental right.
• Implications : Overruling can lead to significant changes in legal principles, promoting judicial innovation while maintaining legal certainty.

Criticism and Challenges:

The doctrine of precedent faces some criticisms:

• Rigidity: It can make the law rigid and difficult to change.
• Perpetuation of Errors : If a precedent is flawed, it can continue to cause problems until overruled.

Indian courts balance the need for consistency with the necessity of legal evolution. Possible reforms include reviewing outdated precedents more frequently and allowing more judicial discretion.

Understanding the doctrine of precedent is crucial for Indian law students. It ensures consistency and stability in the legal system and shapes the law through landmark judgments and interpretations. Law students should study landmark cases and analyse their impacts to fully understand this doctrine.