Abu Bakar, Alliance University, Bangalore
Varun Vinod Nambiar, Alliance University, Bangalore
ABSTRACT
In the primary aspect of this paper, it was looked into the reasoning on Precedent being a source of law as well as the definition of Precedent. Then, arose the source that from Article 141 of the constitution of India, which conveys that the laws declared by the Supreme Court shall be binding on all courts within the territory of India, which paves the way for the functioning of the doctrine of Judicial Precedent. Through this paper the we can understand the mannerism through which the Judicial Precedent has altered from time to time. Here the perspective is to consider the judgements provided by the Supreme Court is to be adhered by the prior courts as per the hierarchy of courts. Mostly, we can observe that the judgements made in the Supreme Court of India, where in certain cases are decided based on special facts and circumstances. According to the concept of judicial precedent, judges must base their decisions on those made by courts that are higher in the court's hierarchy or that involved cases with equivalent facts and circumstances pertaining with regards to the case. With this kept in mind, it was required to understand the definition, requirements, types, and many other aspects regarding to Judicial Precedent as such. Here the research paper also tries to understand the interpretation of Article 141 of the Indian Constitution with regards to Judicial Precedent.
