The Doctrine of Precedents
Main Article Content
Abstract
The current research paper talks about the precedent doctrine which states that the higher court's judgment is binding on the lower court when it makes a decision on the same subject-matter. The research paper talks about the evolvement of the doctrine in the English law which then found its way to India through the British rule. The doctrine got a proper sanction once it was laid down in the Constitution of India. The paper further talks about various decisions that brought clarity regarding the doctrine and adjudicated upon the questions such as Is the Supreme Court also bound to follow its previously decided judgements? The research paper ends by explaining the importance of the precedent doctrine as it preserves the order of the judiciary and therefore plays a vital role in preserving the court's time because it is not expected to adjudicate on the matter already resolved.
Article Details
This work is licensed under a Creative Commons Attribution 4.0 International License.