Stare Decisis - To stand by things decided.
Stare Decisis: “To stand by things decided”
Meaning and Definition
Stare Decisis is a Latin term meaning “to stand by things decided.”
It is a fundamental principle in the common law legal system.
It means that courts should follow precedents set by previous decisions when the same points arise again in litigation.
Essentially, it promotes consistency, stability, and predictability in the law.
Purpose and Importance
| Purpose | Explanation |
|---|---|
| Legal Certainty | People and courts know the law and how it will be applied. |
| Consistency and Uniformity | Similar cases are treated alike, ensuring fairness. |
| Judicial Efficiency | Saves courts from re-deciding settled issues repeatedly. |
| Respect for Precedent | Upholds respect for decisions of higher courts. |
How Stare Decisis Works
Lower courts must follow decisions of higher courts in the same jurisdiction.
Courts generally follow their own previous decisions unless there is a strong reason to overturn them.
The principle applies to material facts and points of law.
Exceptions to Stare Decisis
A court may depart from precedent if:
The previous decision is clearly wrong.
It is outdated due to changes in social, economic, or legal circumstances.
There is conflict between precedents, requiring clarification.
The court is the highest court (e.g., Supreme Court) and wants to overrule earlier rulings.
Case Law Illustrations:
Keshavan Madhava Menon v. State of Bombay (AIR 1951 SC 207)
The Supreme Court emphasized the doctrine of stare decisis to maintain consistency.
However, it also recognized the court’s power to depart from precedent in appropriate cases.
Rupa Ashok Hurra v. Ashok Hurra (2002) 4 SCC 388
The Supreme Court overruled earlier decisions on the limitation period for filing insolvency petitions.
This showed that while stare decisis is important, it is not an inflexible rule.
State of Rajasthan v. Union of India (1977) 3 SCC 592
The Court held that precedent is not an inexorable command and can be overruled to prevent injustice.
Summary Table
| Aspect | Explanation |
|---|---|
| Meaning | To stand by things decided; to follow precedent. |
| Purpose | Legal certainty, fairness, efficiency. |
| Binding Nature | Lower courts bound by higher court decisions. |
| Exceptions | Wrong precedent, changed circumstances, conflicts. |
| Key Cases | Keshavan Menon, Rupa Ashok Hurra, State of Rajasthan |
Practical Example:
If the Supreme Court of India decides that a certain type of contract is valid under law, all lower courts are bound by that decision when they hear cases involving the same issue, unless the Supreme Court later changes that ruling.
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