Polity

Recently, Supreme Court judges have expressed the requirement to ‘Indianise’ the legal system.

WHAT IS DOCTRINE OF PRECEDENT?

·        The doctrine refers to a choice that has already been taken by a higher court is binding to the court and at a similar time stands as a precedent to the lower court judgment, that can not be altered by a lower court.

·        This principle is called as Stare decisis.

·        The doctrine of stare decisis helps to generate judicial responsibility along side it

·        It conjointly ensures fairness in judgement and excludes arbitrariness Helps in maintaining stability and certainty.

·        It is each a social also as a legal norm.

·        THE doctrine OF STARE DECISIS under ARTICLE 141 OF THE CONSTITUTION OF india Article 141 of the Indian Constitution states that law declared by Supreme Court to be binding on all courts among the territory of India.

·        Article 141 states that solely the ratio decendi of a case is binding not the obiter dicta and also the mere facts of the cases.

·        Therefore, whereas applying the decision of S.C. by different courts, whats needed is to understand the truth principle laid down by the previous decision.

·        Some basic thought of Article 141 All the courts in india are certain by law to follow the decision of the Supreme Court.

·        The judgment has to be read as an entire and at a similar time, the observation from the judgment has to be determined within the light of the queries presented before the court.