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Showing posts from November 29, 2011

Stare decisis and Precedent value of a Judgment

Stare decisis and Precedent value of a Judgment Stare decisis is a Latin phrase which means “to stand by decided cases”. Stare decisis embodies an important social policy of certainty and continuity. The Apex court emphasized upon the need for courts to follow the principles of stare decisis. The Apex court in the case of Govt of AP versus A P Jaiswal observed – consistency is the cornerstone in the administration of justice. The doctrine of binding precedent has the merit of promoting certainty and consistency in judicial decisions and enables organic development of law, besides providing assurance to the individuals as to the consequence of transaction forming part of his daily affairs. (2001) 1 SCC 748. The practice of following precedents enables citizens to plan their conduct in the expectation that past decisions will be honoured in the future. The clearest pronouncement of the Supreme Court on the subject of precedent is the Bengal immunity case wherein it unanimously