This document discusses the concept of judicial precedent in India. It defines precedent as previously decided cases that judges are bound to follow, with the Supreme Court's decisions being binding on all courts. It outlines the hierarchy of courts and states that Supreme Court decisions bind all courts, while High Courts bind courts within their jurisdiction. The document also discusses the doctrines of stare decisis and precedent, distinguishing between authoritative and persuasive precedents. It notes the key parts of judicial decisions as ratio decidendi, the binding reasoning, and obiter dicta, non-binding observations.

1. JUDICIAL PRECEDENT
Presented by:
Sudhandhu Tiwari Roll No. 07
Abhilasha Shrawat Roll No. 08
Ankita Singh Roll No. 09
Sandeep Mittal Roll No. 16

2. INTRODUCTION
• Judicial Precedent is another important source of law.
• According to Salmond, Precedent has two meaning;
one is reported case laws which may be cited and
followed by the court and the second in strict sense
precedent means case laws which not only has the
great binding authority but also be followed.
• The judicial precedent is merely constitutive in nature
and never abrogative.

3. MEANING OF PRECEDENTS
• Judicial precedent refers to previously decided
judgments of the superior courts, such as the
High Courts and the Supreme Court, which the
judges are bound to follow.
• This binding character of the previously
decided cases is important, considering the
hierarchy of the courts established by the legal
system, in India it is established by the
Constitution of India.

4. DOCTRINE OF PRECEDENT
• PRE-INDEPENDENCE
• According to section 212 of the Government
of India Act, 1919, the Law laid down by the
Federal Court and the judgment of the Privy
Council was binding on all courts of the British
India. Hence, Privy Council was supreme
judicial authority.

5. POST INDEPENDENCE
• Supreme Court (SC) became the supreme
judicial authority.
1. SUPREME COURT:
• Binding on all courts in India (Article 141)
• Not bound by its own decisions, decision of
Privy Council or the Federal Court.
(Prospective Overruling)
• Authoritative in nature.

6. POST INDEPENDENCE
• 2. High Courts:
• Binding on all courts within its jurisdiction.
• Only persuasive value for courts outside its
own jurisdiction.
• In case of conflict with decision of same court
and bench of equal strength, referred to a
higher bench

7. POST INDEPENDENCE
3. LOWER COURT
• Bound to follow decision of higher courts in
its own state, in preference of High Courts of
other states.

8. KINDS OF PRECEDENTS
a) AUTHORITATIVE:
• An authoritative precedent is one which has
a binding force and the judge must follow it
whether he approves it or not.
• These are decisions of superior court of
justice which are binding on the subordinate
courts.
• Example decisions of the Supreme Court.

9. KINDS OF PRECEDENTS
b) PERSUASIVE:
• The judges are under no obligation to follow
but which they may take into consideration.
• Example : foreign judgments, judgments of
the Privy Councils, obiter dicta

10. DOCTRINE OF STARE DECISIS
• The doctrine of Stare Decisis literally means,
“let the decision stand in its rightful place”
• The operation of the doctrine of stare decisis
presupposes the existence of hierarchy of
courts.

11. PARTS OF JUDICIAL DECISIONS
1. RATIO DECIDENDI(REASON OF DECISION):
It refers to the binding part of the judgment. It
literally means reasons of the decisions. It is
considered as the general principle which is
deduced by the courts from the facts of the
particular case. It becomes binding on the lower
courts in future cases involving similar question
of law.
EXAMPLE: Donoghue v. Stevenson, Shri Ram Food
Fertilizer case.

12. PARTS OF JUDICIAL DECISIONS
2. OBITER DICTA(SAID BY THE WAY):
It refers to parts of judicial decision which are
general observation of the judge and do not
have any binding authority. However, obiter
of higher courts are given due consideration
by the lower courts.
EXAMPLE – S.R. Bommai v. Union of India