DOCTRINE OF STARE DECISIS

The doctrine of stare decisis is an important principle followed by the Indian Judiciary. It leads to certainty, consistency and stability. It is based on the principle that the courts must decide cases according to past judicial decisions. However, it does enable development of law. This research paper looks into the meaning behind the doctrine, its basis in the Constitution and how it works in practice with a focus on Article 141 of the Constitution of India that states that the Supreme Court has created a binding law for all courts in India. One can get to know that how judicial precedents provide discipline, consistency and equality in front of law. This research paper will make people to again look at their previous knowledge and thoughts, departed from and overturned with reference to relevant cases decided by the Supreme Court. It also gets to how stability can be provided without prevention of development of law. This research paper shows that following precedent is an important part in providing public confidence and rule of law, there should be some flexibility. The ability of one to go to the back at previous decisions makes the courts to correct mistakes and apply legal principles to present situations. Now in conclusion, that having a balance in between the two terms which are consistency and flexibility is necessary to make sure that justice is administered effectively and the development of law in India. Keywords: Stare Decisis, Judicial Precedent, Article 141, Supreme Court of India, Judicial Discipline, Legal Certainty, Overruling, Administration of Just