Doctrine of precedent
Also called: Stare decisis, Article 141 · Topic: Judiciary: Independence, Structure, Judicial Review and Activism · NCERT: Class 11, Ch 6 "Judiciary"
Meaning
Under the doctrine of precedent (also called stare decisis), courts follow earlier decisions on the same point of law. Under Art. 141, law declared by the Supreme Court binds all courts in India. Only the ratio binds, meaning the reasoning needed to decide the case. Obiter remarks, meaning side comments, can only persuade. This keeps the law consistent and predictable.
Example
The Supreme Court is not bound by its own past rulings and can overrule them, as it did in Bengal Immunity (1955). Lower courts cannot do this. They must follow what the Supreme Court has declared.
Don't confuse with
- Ratio vs obiter: the ratio is the binding reasoning of a judgment. Obiter remarks are passing comments that guide but do not bind.