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Doctrine of Stare Decisis

Doctrine of Stare Decisis

Deepanker Singhal November 8, 2024 5 minutes

Doctrine of Stare Decisis: The Pillar of Judicial Precedent in India

  Introduction  

The doctrine of stare decisis, which translates to "stand by the decision," is a fundamental principle of common law systems that provides stability, consistency, and predictability in the legal system. In India, the doctrine plays a vital role in maintaining uniformity and ensuring the fair administration of justice. This blog explores the concept of stare decisis, its application in India, relevant legal provisions, and important cases that have shaped its implementation.

Understanding the Doctrine of Stare Decisis

The doctrine of stare decisis dictates that courts should adhere to and follow the precedents established by higher courts in similar cases. It ensures that legal principles established in earlier cases are applied consistently and uniformly in subsequent cases with similar facts and issues. Stare decisis promotes certainty, fairness, and the development of a coherent body of law.

Application of Stare Decisis in India:

In India, the application of stare decisis is based on the hierarchical structure of the judicial system. The decisions of higher courts, such as the Supreme Court of India, are binding on lower courts within their jurisdiction. This ensures that the law is applied consistently across the country and allows for the evolution and development of legal principles over time.

Legal Provisions Supporting Stare Decisis in India

  1. Article 141 of the Indian Constitution: Article 141 declares that the law declared by the Supreme Court of India is binding on all courts within the territory of India. This provision gives constitutional authority to the doctrine of stare decisis, emphasizing the importance of following the Supreme Court's decisions.
  2. Section 2(e) of the Contempt of Courts Act, 1971: This section defines civil contempt as the wilful disobedience of any judgment, decree, direction, order, writ, or other process of a court. It highlights the obligation of individuals to respect and comply with court decisions, further reinforcing the significance of stare decisis.

Important Cases Shaping the Application of Stare Decisis in India

  1. A.K. Gopalan v. State of Madras (1950): In this case, the Supreme Court held that the doctrine of stare decisis was applicable in India. The court emphasized the importance of following its own decisions and recognized the principle of precedent as a fundamental aspect of the Indian legal system.
  2. Kesavananda Bharati v. State of Kerala (1973): This landmark case established the "basic structure" doctrine, which limited the amending power of the Indian Parliament. The Supreme Court, while applying the doctrine of stare decisis, held that its earlier decision in Golaknath v. State of Punjab (1967) should be upheld. The Supreme Court held that its earlier decisions should be respected and followed, thereby upholding the principle of precedent and ensuring the stability of the legal system.
  3. Maneka Gandhi v. Union of India (1978): In this case, the Supreme Court expanded the scope of personal liberty under Article 21 of the Indian Constitution. The court departed from its previous decisions and introduced the principle of progressive interpretation, highlighting the flexibility of stare decisis in adapting to changing social and legal circumstances.

  Conclusion  

The doctrine of stare decisis serves as a cornerstone of the Indian legal system, providing consistency, certainty, and predictability in the administration of justice. It ensures that legal principles established in earlier cases are applied consistently in subsequent cases, thus fostering the development of a coherent body of law. The application of stare decisis in India, supported by constitutional provisions and important judicial decisions, reinforces the importance of following precedents set by higher courts. As the Indian legal system continues to evolve, the doctrine of stare decisis will remain a critical component, shaping the course of justice and the development of legal principles in the country.