Precedent

Question 1

Article that deals with Precedent. What are precedents?

Answer 1

Article 141 states that the law declared by the SC is binding on all courts within India. According to Salmond a precedent is judicial decision that is authoritative and carries a principle of law.

Question 2

Precedents in Pre-independence India

Answer 2

MATA PRASAD V. NAGESHWAR SAHI (Mata means mom means from before (old) sorry imma)
“It is not open to the courts in india to question any principle enunciated by the board, but they can check how much the facts apply in their cases”

Question 3

Asian resurfacing ruling

Answer 3

Automatic Vacation of Stay orders. 2018 3 bench directed that interim stay orders of trial courst will be automatically vacated (Expired) after 6 months by the higher courts. Not required to provide reasons or consider circumstances.

In 2019 SC clarified that the 6 months cap on interim stay order not applicable to SC.

In 2024 5 bench overturned the Asian resurfacing judgement.

Question 4

Ratio Decidendi

Answer 4

Latin for reason for deciding
Finding ratio involves looking at legal principles.

Question 5

Obiter Dicta

Answer 5

Observation as to the law made by a judge in the course of the case but not necessary to its decision. Collateral relevance.

Non-binding nature and persuasive value.

Does not qualify as law under Article 141

Question 6

IS SC Bound by its own decision?

Answer 6

In bengal immunity court had to look at whether it was bound by its decision in state of bombay v united motors. Court said yes. Article 141 not applicable to itself provided there are good reasons for departure. It was about some interpretation of Article 286

Question 7

Waman Rao history

Answer 7

Shankari Prasad challenged the first amendment and it was held that constitutional amendments are not laws
Sajjan Singh challenged some laws inserted in 9th schedule in 17th amendment
Golakhnath introduced prospective overruling.
Keshavananda did Basic Structure
Dattaraya challenged the Maharashtra land ceiling laws.

Question 8

What is stare decisis?

Answer 8

To stand by a decision and not disturb what is settled. In Waman Rao the doctrine was discussed in detail regarding Article 31A. The court ruled that it does not apply in this case because of a few reasons.

Question 9

Why did court not apply stare decisis in Waman Rao?

Answer 9

1. Article 31A breaths its own vitality, drawing from basic structure
2. In no previous judgement the validity of 31A was challenged
3. History of world’s constiutional law shows that the concept has limited application in constitutional matters
4. It is cited that on principle, rules like stare decisis shouldn’t be invoked for protecting constitutional devices like 31A B and C which are designed not just for past laws but to protect future laws as well.
   Stare decisis can if at all, only be applicable for protection of laws that have existed for years.

Question 10

What is prospective overruling?

Answer 10

As a general rule, judicial decisions are retrospective as regards transactions that happened in the past. This is because the SC doesn’t law down lay but interprets the law as it always has been. Therefore, unless the court specfiically does nto say so, the operation of prospective overruling cannot be employed

Question 11

When can the doctrine of prospective overruling be applied?

Answer 11

1. To minimise the consequences of unsettling expectations
2. To apply ruling to only transactions happening after date of court decision
3. To continue event occuring by the law as it was conceived before the date of the court ruling

Question 12

PV GEORGE

Answer 12

(PC GEORGE, he messed up therefore wants prospective)
The law declared by a court will have retrospective effect if not otherwise stated to be so. It is applied to overcome situation where if stare decisis is not observed it may affect the interest of the citizen.

Question 13

Golaknath

Answer 13

Only the SC may overule. The High courts may under 226 even without applying overruling, grant a limited relief in exercise of its equity jurisdiction.

Question 14

Decision on question of facts

Answer 14

Krishna Kumari case.
Decision of even the highest court which are essentially just questions of fact, are not precedents. In this case the bench noted that where the supreme court bench did not set out the facts or the reasons for their conclusions, they cannot be treated as binding precedent under 141.

Question 15

Single judge

Answer 15

Judgement of single judge still valid and binding unless strong reasons exists to deviate. Civil court is bound or not? that was the question. Harshadrai R Desai