Mehak Mahapatra, Student at Symbiosis Law School, Hyderabad
ABSTRACT
The human brain seeks stability and consistency in life and tends to solve similar problems in a similar manner. Courts in India and all over the world, use the Doctrine of Precedent in the same way. The doctrine of precedent states that cases having similar facts and circumstances should have similar judgments and the same built upon the concept of stare decisis. This method has been widely made use of in various parts of the world and helps with limiting the waste of time while making sure each and every individual is treated and given justice equally. The concept of doctrine of precedent has been laid down under the provision of article 141 of Constitution of India. The author seeks to provide its readers with a comprehensive view of judicial precedent while discussing the theoretical premise of the same. The paper would analyse the concept and theories that stand as pillars for this doctrine, it’s importance and work in the Indian Constitution. Further, it shall discuss the doctrine of precedent in the UK and the USA.
Keywords: Doctrine of Precedent, Stare Decisis, Ratio Decidendi, Obiter Dictum, Article 141
