The term “precedent” refers to a rule or legal principle established by a competent court under similar facts and circumstances. In legal parlance, a judicial precedent is a previously decided judgment of the Supreme Court or High Courts that binds judges of the same or subordinate courts to follow it in subsequent similar cases.
Judicial tribunals are also bound by the authoritative decisions of higher courts. This practice ensures consistency, stability, and predictability in the administration of justice.
Landmark Case:
Hari Singh vs State of Haryana [1993 SCR (3) 61]
The Supreme Court held that without a strict rule of precedent, litigants would escalate every case to the highest court. Hence, judicial precedent is essential to maintain the judicial hierarchy and efficiency.
Components of a Judicial Decision
- 🧩 Ratio Decidendi: This Latin term means “the reason for the decision”. It is the legal principle upon which the case is decided. The ratio forms the binding part of a precedent and applies to future cases. It not only binds the parties in the present suit but becomes law for generations to come.
- 📝 Obiter Dicta: These are the “sayings by the way” — observations made by a judge that are not essential to the decision. Obiter dicta do not have binding authority. While not enforceable, they may still have persuasive value depending on the stature of the judge or the context.
Types of Judicial Precedents
Authoritative Precedent
This type of precedent has a binding force of law. Judges are required to follow such precedents even if they personally disagree with the principle. These are usually decisions of the Supreme Court or higher constitutional benches. Ignoring authoritative precedent may lead to a judgment being overturned.
Persuasive Precedent
Persuasive precedents are not binding on the courts but may influence a judge’s decision. These can come from:
- Decisions of lower courts
- Decisions of foreign courts
- Obiter dicta of higher courts
- Academic writings or legal commentaries
They serve as guiding principles that help judges shape fair and reasoned verdicts.
Original Precedent
An original precedent is one that creates and introduces a new legal principle or rule for the first time. Such precedents arise when there is no existing law on a particular issue. The judge, in such cases, establishes a fresh rule which becomes law for subsequent cases.
References:
- Studies in jurisprudence and legal theory by Dr. NV Pranjape
- Jurisprudence and legal theory by Dr. VD Mahajan
