📚 Precedents in Action: How Past Judgments Shape Future Justice

Imagine walking into a courtroom unsure of how your case will turn out.

Now imagine a world where the law follows a roadmap, where past decisions help guide present ones. That’s exactly what judicial precedents do.

Whether you’re a law student, a judiciary aspirant, or just someone fascinated by how courts work, understanding judicial precedents is key to mastering legal reasoning.

Let’s explore how precedent forms the foundation of justice systems in India and beyond, and why it’s more than just following old rulings.

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⚖️ What Are Judicial Precedents?

In simple terms:

🧑‍⚖️ A judicial precedent is a previous court decision used as a standard in subsequent cases with similar facts.

This concept is at the heart of common law systems like India and the UK. It ensures:

• 🏛 Consistency
• ⚖️ Fairness
• 🔍 Predictability

The golden thread running through it all?

Stare Decisis – Latin for “to stand by things decided.”

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🧩 The Two Sides of a Precedent

According to legal scholar Dias, a precedent includes:

Concrete Decision
➤ The final ruling applicable to the specific case.

Abstract Principle
➤ The broader rule derived from that ruling, which can be used in future cases.

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🧠 Types of Precedents (Salmond’s Classification)

🏛 Authoritative Precedents

• Must be followed.
• Come from higher courts.
• Legally binding.

💡 Persuasive Precedents

• Not binding, but influential.
• May include:
  • Foreign judgments (e.g., UK, US)
  • Dissenting opinions
  • Advisory rulings (like from the Privy Council)

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🕰 Evolution of Precedents: From Custom to Case Law

📜 Medieval England: Judges enforced customary practices
⚖️ 18th Century: Lord Mansfield pushed for consistent legal application
📘 19th Century: Lord Tenterden formalized the idea of binding precedent
📖 20th Century: Holdsworth emphasized the balance between history and modernity

The takeaway?

Precedents aren’t rigid—they’re legal memory banks, evolving with time.

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🏛 Court Hierarchies & Precedent Power

📍 In the UK:

• House of Lords/Supreme Court → Binds all lower courts
• Court of Appeal → Binds lower courts but can overrule itself in special cases
• High Courts → Bind lower courts within jurisdiction
• Divisional Courts → Have higher authority than single judges

In India:

Supreme Court → Its decisions bind all Indian courts

Can reverse its own rulings if necessary (via larger benches or constitutional review)

High Courts → Bind subordinate courts in the same state

Offer persuasive value to courts in other states

Subordinate Courts → Must follow High Court and Supreme Court rulings

📌 Article 141 of the Constitution:

“The law declared by the Supreme Court shall be binding on all courts within the territory of India.”

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🧠 Ratio Decidendi vs Obiter Dicta

🧾 Ratio Decidendi

The core legal principle behind a decision
✅ Binding in future cases

💬 Obiter Dicta

Extra comments, observations, or side remarks
🟡 Not binding, but can be persuasive (especially if well-argued)

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🚫 Per Incuriam: When a Judgment Gets It Wrong

A decision is said to be per incuriam when it’s made:

• Ignoring a relevant law or precedent
• In error of jurisdiction or procedure

These are not binding and can be safely disregarded in future rulings.

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🔁 Stare Decisis: Stability vs Flexibility

Stare decisis promotes:

• 🔐 Legal certainty
• 🧭 Guidance for lower courts
• ⚖️ Equal treatment

But it’s not a cage. Courts can and do deviate when:

• New social realities emerge
• Past decisions are morally or legally flawed
• Constitutional values demand innovation

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💥 The Power of Dissenting Opinions

Famous dissents have shaped history:

• Justice H.R. Khanna’s dissent in ADM Jabalpur laid the foundation for future rulings on personal liberty.
• Justice Chandrachud’s dissent in Sabarimala helped reframe the conversation on gender rights.

Dissent is a voice of legal foresight—sometimes a whisper today becomes the rule tomorrow.

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⚠️ When Precedents Lose Power

A precedent may lose its force when:

🔁 Reversed by a higher court

❌ Refused due to policy change

🔍 Distinguished due to different facts

📘 Ignored statute

🤐 Sub Silentio (decided without addressing a crucial point)

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🧭 Why Precedents Matter (Especially for Judiciary Aspirants!)

They are not just dusty rulings from the past—they’re:

✅ Exam goldmines (MCQs & mains) ✅ Answer-enhancers for case-based questions
✅ Concept builders for applying law in practical scenarios

Knowing how and when a precedent binds a court can elevate your legal analysis.

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🎯 Level-Up Your Judiciary Prep with Edzorb Law!

At Edzorb Law, we bring precedents to life with:

⚡️ Flashcards on landmark cases

🧠 Visual notes on doctrines like Ratio, Obiter, Stare Decisis

📝 Mock test questions on judgment principles

📱 Bite-sized lessons for anytime revision

Don’t just memorize—master the art of precedent.