June 8, 2024

 Precedent in Indian law refers to the legal principle that decisions made by higher courts in earlier cases serve as authoritative interpretations of law and binding authority in subsequent cases with similar facts or legal issues. Precedent, also known as stare decisis, ensures consistency, predictability, and coherence in judicial decision-making, fostering the rule of law and the development of legal principles. In India, precedent is established primarily by the judgments of the Supreme Court of India and various High Courts, which set legal precedents to be followed by lower courts within their respective jurisdictions. Precedents are classified into binding precedents and persuasive precedents. Binding precedents are decisions that must be followed by lower courts within the same jurisdiction, providing definitive interpretations of law on specific issues. Persuasive precedents, on the other hand, are decisions from courts in other jurisdictions or from lower courts within the same jurisdiction that are not binding but may be considered as persuasive authority in the absence of binding precedent. Precedent plays a crucial role in guiding judicial reasoning, resolving legal disputes, and ensuring the uniform application of law, promoting fairness, certainty, and stability in the legal system.


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