12/12/2023 0 Comments Judicial decisionsArticle 141 of the constitution says that any law decided by the supreme court shall be binding on all courts of the country.Īrticle 141 states all courts are legally bound to the Supreme Court judicial decisions with the exception of Supreme Court itself. The Supreme court is the highest authority and its decisions are binding on all other courts.The decision of one high court is not binding on other high courts.The more the number of judges on a bench, the higher their authority.In case of a conflict between two benches of similar authority, the latter decision is to be followed. The decisions of the high court are binding on all subordinate courts.The second rule states that higher courts are bound by their own decision in general in matters of related to precedence.The first rule says that a court which is lower in a hierarchy is completely bound by the decisions of courts which are above it.There are two rules that apply to the doctrine of judicial precedents: General Principle of Doctrine of Judicial Precedent Principle Sources of Indian Law – Personal Laws.Principle Sources of Indian Law – Statutes and Legislation.Principle Sources of Indian Law – Customs.Browse more Topics under Introduction To Law The administration of the judicial decision becomes just and fair. The use of precedents helps the litigant gain confidence in the judicial system. The reason why a precedent is recognized is that the verdict of the judiciary is assumed to be correct. There is a term called the doctrine of stare decisis which states that the court’s decision becomes a precedent to be followed in future cases of a similar nature.
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