Precedent: As a Source of Law

Precedent: A source of law

Judiciary is the organ of government that administers justice in society. Along with this judiciary plays a crucial role in the law-making process. It is not directly involved in the law-making process the way legislature is but is responsible for interpreting the meaning, nature, and scope of the law made. Even if there is no legislation courts stand by their previous decisions or create a precedent to be followed in the future. The precedent is the standard that a lawful rule that has been set up by a prevalent court ought to be continued in other comparative cases by that court and different courts. The regulation of point of reference was created to advance consistency in dynamic by judges, on the premise that like cases ought to be resolved in a like way Precedents are of two types depending upon the authority

  • Binding precedent

These are the judgments laid down given by the court and have to be applied by the lower courts when presented with the same facts. Legal l frameworks place extraordinary worth on choosing cases as indicated by reliable principled standards, so comparable realities will yield comparable and unsurprising results, and recognition of point of reference is the system by which that objective is achieved.

  • Persuasive precedent

These are the judgments that are not necessary to be followed by the courts while taking any decision as opposing to binding judgments but have a persuasive effect on the judgments. They are generally given by lower courts. This implies that the point of reference ought to be genuinely thought of, yet isn’t needed to be followed.

Precedents do hold a position in the constitution as article 141 states that every court is bound by the decision of the Supreme court except for the supreme court itself. The choice in a judgment of the Supreme Court can’t be attacked on the ground that specific perspectives were not thought of or the significant arrangements were not brought to the notification of the Court. At the point when Supreme Court chooses a standard, it would be the obligation of the High Court or a subordinate Court to follow the choice of the Supreme Court. A judgment of the High Court that won’t follow the choice and heading of the Supreme Court or tries to restore a choice of the High Court which had been saved by the Supreme Court is a nullity. The objective of any equity framework ought to be to make a degree of legitimate reasonableness all through society. By offering some benefit to the idea of the legal point of reference, at that point there is a component of consistency and consistency that everybody can depend on when there is an issue that they face actually or expertly in court. It gives an ensured that each case will be dealt with and chosen in a way that is like past choices. Judicial precedent does present the lower courts in the hierarchy a chance to be flexible enough as it gives them the flexibility to decide as and when the situation changes.

Aishwarya Says:

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