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Judicial Precedents As A Tool Of Legal Research: A Critical Analysis Of The Interpretation And Development Of Law In India

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Saba Saif


ABSTRACT


Judicial precedent is both a source of law and a methodological instrument through which legal researchers identify, interpret and evaluate the development of legal principles. In India, the constitutional recognition of precedent is principally reflected in Article 141, under which the law declared by the Supreme Court is binding on all courts within the territory of India. The precedential method, however, extends beyond merely locating a case that appears factually similar. Effective legal research requires identification of the ratio decidendi, distinction between binding reasoning and obiter dicta, examination of the hierarchy of courts, tracing of subsequent treatment, and assessment of whether a precedent has been followed, distinguished, overruled or rendered obsolete. This article examines judicial precedents as a component of doctrinal legal research and critically analyses their role in statutory interpretation, constitutional adjudication and incremental development of Indian law. It also considers methodological difficulties arising from large volumes of judgments, conflicting precedents, inconsistent citation practices and the risk of treating judicial observations as binding rules. The article argues that precedent-based research is strongest when undertaken through a structured, critical and historically sensitive process rather than through mechanical case collection. Proper precedent analysis enables researchers to reconstruct the evolution of legal doctrine while maintaining a clear distinction between judicial interpretation and legislative law-making.


Keywords: Judicial precedent; legal research methodology; ratio decidendi; obiter dicta; stare decisis; statutory interpretation; constitutional adjudication; doctrinal research; Supreme Court of India.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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