Doctrine of Stare Decisis
Like England the doctrine of Stare Decisis has been accepted under the Indian law
The doctrine of Stare Decisis is based on the maxim Stare Decisis et non quieta mauere which means to stand by precedent and not to disturb the settled point of law. In other words, judicial decisions have a binding force and enjoy status of law per se.
The doctrine of Stare Decisis necessitates two conditions to be satisfied:-
- A settled judicial hierarchy,and
- There must be reliable report of cases
Thegeneral principle on which the doctrine of Stare Decisis is based may be stated as follows:-
- Each court is bound by the decision of higher court.
- To a certain extent higher courts are bound by their own decisions.
- The decision of one high court has only a persuasive value on another High court and is not binding.but which they may take into consideration.
- A single bench judge is bound by the decision of a division bench of the same high court. But a division bench judge is not bound to follow a decision of a single bench judge of the same high court.
The simple reason behind the doctrine of Stare Decisis was that once the community accepts a precedent as authoritative law and rests its expectations on it, overturning it would cause grave inconvenience to the community. Therefore,it considered better in the interest of certainty and consistency to stand by the decision.
Thus under the Stare Decisis rule,a principle of the law which has become settled by a series of decisions is generally binding on the courts and should be followed in similar cases. This rule is based on expediency and public policy.
Although this rule is generally followed by the courts it is not applicable in all cases because previous decisions should not be allowed to perpetuate a wrong if the court is convinced that the previous decision was wrongly decided.
However, the supreme court of India is not bound by its previous decision
Article 141 of the constitution of India provides that
"The law declared by the supreme court of India shall be binding on all courts within the territory of India."
Through the interpretation of different cases now it is clear that the term 'all courts' does not include the supreme court itself. Thus the supreme court is not bound by its previous decision and may in proper case reverse its previous decision.
In the leading Case of Bengal immunity co. vs State of Bihar the supreme court held that, there is nothing in the Indian constitution which prevents the supreme court departing from its previous decision if it is convinced of its error and its beneficial effect on the general interest of public
The doctrine of Stare Decisis the court said is not an inflexible rule of law and cannot be permitted to perpetuate the error of the supreme court to the detriment of the general welfare of the public.
However, the supreme court of India is not bound by its previous decision
Article 141 of the constitution of India provides that
"The law declared by the supreme court of India shall be binding on all courts within the territory of India."
Through the interpretation of different cases now it is clear that the term 'all courts' does not include the supreme court itself. Thus the supreme court is not bound by its previous decision and may in proper case reverse its previous decision.
In the leading Case of Bengal immunity co. vs State of Bihar the supreme court held that, there is nothing in the Indian constitution which prevents the supreme court departing from its previous decision if it is convinced of its error and its beneficial effect on the general interest of public
The doctrine of Stare Decisis the court said is not an inflexible rule of law and cannot be permitted to perpetuate the error of the supreme court to the detriment of the general welfare of the public.
