Meaning of Judicial Precedent
A judicial precedent refers to a legal principle or rule established in a court decision that serves as an authority for deciding future cases with similar facts. The doctrine of precedent is based on stare decisis, meaning “to stand by decided cases.” Precedents promote certainty, consistency, and uniformity in law. In India, the system of precedents plays a vital role in the common law framework, where past judicial decisions guide courts in resolving disputes.
Authoritative Precedents
Authoritative precedents are those judicial decisions that are binding on subordinate courts. Courts are legally bound to follow these precedents irrespective of their personal views. In India, authoritative precedents primarily flow from the Supreme Court and High Courts. Article 141 of the Constitution of India provides that the law declared by the Supreme Court is binding on all courts within the territory of India. Similarly, decisions of a High Court are binding on subordinate courts within its jurisdiction. These precedents ensure certainty and uniform application of law.
Persuasive Precedents
Persuasive precedents are judicial decisions that are not binding but may be followed for their reasoning and persuasive value. Courts are free to accept or reject such precedents. Examples include decisions of foreign courts, decisions of coordinate benches, judgments of other High Courts, and obiter dicta. Persuasive precedents help courts develop law in novel or complex situations where authoritative precedents are absent. They play an important role in judicial creativity and legal development.
Difference and Practical Application
The key difference between authoritative and persuasive precedents lies in their binding force. Authoritative precedents must be followed, while persuasive precedents may be followed if found reasonable. For example, a trial court must follow Supreme Court rulings, but a High Court may consider judgments of another High Court as persuasive. This balance allows stability through binding precedents and flexibility through persuasive reasoning.
Mnemonic for Easy Recall
A simple mnemonic to remember the distinction is “BIND–GUIDE”.
BIND – Authoritative precedents bind courts
GUIDE – Persuasive precedents guide courts
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