PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptx

Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.

1. Name: Saif Javed LL.M 3 rd semester Registration No. – 100223360003 Course Code: LLMC301 Precedent as a Source of Law

2. INTRODUCTION “महाजनो येन गतः स पन्था” “ That path is the right one which has been followed by virtuous men” - MAHABHARAT

3. Concept of Precedent Precedent refers to a judgement of a Court of law which is looked at as an authority for judging a similar set of facts.

4. History of Precedent Precedent has an ancient root 
Mahabharat says “ that path is the right one which has been followed by virtuous men” 
There is no record of cases or any other reliable evidence
Precedent became a source of law during British rule in India
The doctrine of precedent is expressly mentioned in Article 141 of the Indian constitution

5. Application of the Doctrine of Precedent The authority of a decision as a precedent lies in its  ratio decidendi . Ratio decidendi generally means the reason for deciding. The issue which needs the determination of no general principles are answered on the basis of the circumstances of the particular case and lay down no principles of general application, these are called Obiter dictum. It is the ratio decidendi , not the obiter dictum that has the binding effect as a precedent.

6. Types of Precedent Authoritative Precedents: Judgement of the Higher Courts . They are binding in character. These types of precedents have to be followed by courts that are lower in authority, whether they accept it or not. The authoritative precedents are regarded as the legal source of law. For example, A judgement passed by the Supreme court has to be followed by all lower courts as they are lower in the hierarchy. Persuasive Precedents : Decisions of Subordinate Courts . These precedents are just used by judges for reference only and they are only guiding nature. Original precedents: According to Salmond these precedents establish or create new law. These precedents are mostly formed when no past reference is available for a particular source of law. D eclaratory Precedents: These precedents are mostly used to declare or apply existing rules and judicial decisions.

7. Merits Respect for Ancestors:  It shows respect for the opinion of one’s ancestors. Eminent jurists like Coke and Blackstone have supported the doctrine on this ground. Saving of time:  A question once decided should be settled and should not be subjected to re-argument in every case in which it arises. It will save time as well as the labour of the judges and lawyers. If the precedent is not followed, every case would go from the court of the first instance to the highest court causing delay, expense and inconvenience to the public. Certainty of law:  Precedent brings certainty in the law. If the court do not follow the precedent and the judge start deciding and determining issues every time fresh without having regard to the previous decisions on the point, the law will become most uncertain and it will confuse the layman. The flexibility of law:  Precedent brings flexibility in the law. Judges in giving their decisions are influenced by the social, economic and many other values of their age. They shape the law according to the changed conditions and brings flexibility in the law.

8. De merits Very large in number : the vastly increasing number of cases has an overwhelming effect on the judges and the lawyers. It is very difficult to trace out all the relevant authorities on every point. Development of law depends upon litigatio n: the great demerits of the doctrine of precedent is that the development of law depends on the incidents of litigation. Sometimes most important points may remain unadjudicated because nobody brought an action upon them. The wrong precedent may be established : the most disadvantage of the doctrine of precedent is that if the wrong precedent is established it will impact society badly.

9. Conclusion After going through the details of legal precedent we can clearly infer that Precedent plays a very important in filling up the lacuna’s in law and various statutes. It helps in upholding customs that influenced that region thereby making decisions morally acceptable for the people. Precedent works like a lighthouse in dark by guiding all courts, it brings certainty in the law. Precedents are the guidelines that must be followed by lower courts to ensure real justice, uniformity, consistency in judicial decisions and to provide predictability to the individual rights.