Precedent - q3

Q.3 Define precedent . role in development lawand society.
Introduction:
Precedent, a cornerstone of the legal system. Precedent is like using past decisions to make new
ones. It helps keep things fair and predictable in the legal system by following what's been done
before. So, if a court decided something in a similar case in the past, they're likely to decide the
same way again. It's like a guidebook for judges to make consistent rulings.
Definations by:
1. Salmond: Definition: Precedent, according to Salmond, is when courts create new rules by
following and applying decisions made in similar cases before.
2. Keeton: Definition: Keeton says precedent means courts should make decisions in similar
cases the same way they did before, for consistency.
3. Austin: Definition: Austin sees precedent as making sure similar cases are treated the same,
providing stability and predictability in the legal system.
Article 141 of the Indian Constitution:

states that decisions made by the Supreme Court are binding on all courts in India. This means that
lower courts must follow the rulings of the Supreme Court and the respective High Courts. However,
the Supreme Court itself is not bound by its own previous decisions, except in certain circumstances
like when a smaller bench must adhere to the decisions of a larger bench or a co-equal bench.
Kinds of Precedent:
1. Declaratory Precedent: This happens when a court explains what a law means, clearing up
any confusion. It helps everyone understand how to use the law in the future by providing
guidance for similar cases. Essentially, it sets the rules and helps shape how the law evolves.
2. Authoritative Precedent: An authoritative precedent is a decision made by a higher court
within the same jurisdiction that lower courts are bound to follow. This type of precedent
establishes a mandatory rule or principle that must be applied by lower courts when
deciding similar cases. The authority of the precedent derives from the hierarchical structure
of the legal system, where decisions made by superior courts carry greater weight and must
be adhered to by inferior courts.
3. Persuasive Precedent: Persuasive precedents are decisions from courts in other jurisdictions
or from courts at the same level within the same jurisdiction that are not binding .These are
decisions from other courts that a court doesn't have to follow but might think about when
making its own decision. They're like suggestions rather than strict rules, helping judges
consider different viewpoints and develop the law further.
4. Original Precedent: This is when a court has to make a decision about something that hasn't
been decided before. The court has to come up with its own solution based on the law and
the specific details of the case. This decision can shape how similar situations are handled in
the future.
Role of precedent:
1. Stability and Predictability: Precedents maintain consistency in legal decisions, ensuring that
similar cases are treated similarly over time, which fosters stability and predictability in the
legal system.
2. Legal Certainty: Precedents provide clear guidelines for decision-making, offering assurance
to individuals and businesses about their legal rights and obligations, thereby enhancing
confidence in the fairness and reliability of the legal system.
3. Judicial Efficiency: Precedents streamline the decision-making process by enabling judges to
rely on past rulings, saving time and resources, and promoting the swift resolution of legal
disputes.
4. Judicial Development: Precedents contribute to the evolution of legal principles by
establishing new standards and guiding future interpretations of the law, ensuring that the
legal system remains responsive to changing societal needs and values.
CONCLUSION
Precedent is past legal decisions guiding future cases. It ensures fairness and consistency in the legal
system, shaping both law and society over time.By following precedent, courts maintain stability and
adapt law to reflect societal changes.
Case laws:
Donoghue v Stevenson: This case established the principle of duty of care in negligence law. It
involved a woman who fell ill after drinking a bottle of ginger beer with a decomposed snail inside,
leading to a landmark ruling that manufacturers owe a duty of care to consumers.
Kesavananda Bharati v. State of Kerala: In this case, the Supreme Court of India upheld the basic
structure doctrine of the Indian Constitution, limiting the Parliament's power to amend certain
fundamental rights. It ensured the preservation of essential features of the Constitution
Maneka Gandhi v. uoi : This case expanded personal liberty under Article 21 of the Indian
Constitution. This case said that before the government takes away your freedom (like your
passport), they have to give you a fair chance to explain yourself. It made sure that people are
treated fairly when their rights are at stake.
Kesavananda Bharati v. State of Kerala (1973): This case established the doctrine of the basic
structure of the Constitution, which limits the Parliament's power to amend certain fundamental
rights.
ADM Jabalpur v. Shivkant Shukla (1976): This case, also known as the Habeas Corpus case, dealt
with the suspension of fundamental rights during emergencies. It held that during a state of
emergency. It said that people couldn't ask the courts to release them if they were arrested during
an emergency. ths law was changed to prevent such a situation from happening again.

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Q.3 Define precedent . role in development lawand society.

Article 141 of the Indian Constitution:

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