PRECEDENTS MEANING:- GUIDANCE OR AUTHORITY OF PAST DECISIONS FOR FUTURE CASES. Only such decisions which lay down some new principles. Application of such judicial precedents is governed by different principles in different legal system called the doctrine of precedents.

In loose sense it includes merely reported case law which may be cited & followed by courts. In strict sense, that case law which not only has a great binding authority but must also be followed. Bentham – Judge made Law Austin – Judiciary’s Law Salmond

Constructive and never abrogative. The Doctrine of Precedent requires that 'like cases be decided alike'. Importance- Ancient Law:- Instances in theological books like Mahabharat NATURE-

In Babylonia & China- great authority and code law. Modern Legal System- Anglo- American Law is judge made law called Common Law. Tort, Constitutional Law of England, Municipal Law & International Law also.

AUTHORITATIVE - is one which has binding force & the judge must follow it whether he approves it or not. They are the decisions of superior court of justice which are binding on Subordinate courts, they are legal sources PERSUASIVE – which the judges are under no obligation to follow but which they may take into consideration. They are the historical sources KINDS

Foreign Judgments Decision of Superior Courts to other parts of British Empire. Judgments of the Privy Council when sitting as the final court of appeal from the Colonies. Judicial Dicta (Obiter Dicta) Authoritative text books & Commentaries. Various Kinds of Persuasive Precedents

Decisions of the Supreme Court are binding on all Courts in India & they constitute authoritative precedents. SC in A.R. Antulay v. R.S. Nayak, ignored the binding value of its own pronouncements. Indian Context

In Somwanti v. State of Punjab AIR 1963 SC 151, SC clarified that what is binding is the ratio decidendi, i.e. the principles of law applicable to the legal problems disclosed by the facts of the case before the Court. Obiter Dicta of SC is not binding for lower courts. Bombay High Court in Vasudeo v. State of Maharashtra held that even Obiter Dicta of SC is binding on the subordinate court.

IGNORANCE OF STATUTE INCONSISTENCY BETWEEN EARLIER DECISION OF HIGHER COURT INCONSISTENCY BETWEEN EARLIER DECISION OF THE COURT OF THE SAME RANK PRECEDENT SUB SILENTIO CIRCUMSTANCES WHICH DESTROY THE BINDING FORCE OF JUDICIAL PRECEDENTS

DECISION OF EQUALLY DIVIDED COURT ERRONEOUS DECISION ABROGATED DECISIONS AFFIRMATION OR REVERSAL ON A DIFFERENT GROUND

Enable the Judges to re-shape Law acc. to the social requirements. Being a result of concrete problems gives rise to practical & perfect Laws. Certain & easy to understand. Advantages of Precedents

Useful guidelines for the Judges Substantiates argument without waste of unnecessary time & energy. Provides flexibility to Law to adapt itself to new situations & social conditions.

Are published- practically difficult to find out from voluminous legal literature. Bentham- did not recognize it as law as it lacks binding force, Austin didn't subscribe this view. Law is not complete & comprehensive. Disadvantages of Precedents

Overlooks fundamental rule of natural justice. Erroneous decisions of superior courts create practical problems for subordinates. Outcome of hasty decisions of the courts. Development of law through them depends more or less on chance. Arbitrary in character Development of Law through case law is more or less dependent on chance. What should be test for determining the validity of Law made by case law.