Doctrine of stare decisis

Initially, the doctrine of stare decisis took its front footing in england and later slowing accepted in india too, to support the developments in the system of laws.The doctrine of stare decisis came into light because of law reporting in england, in simple terms, if there is no law reporting there is no stare decisis, But this took its place in 17th century where the decisions of exchequer courts came into light and were given binding authority.

The doctrine of stare decisis means “to stand by decided cases”. when the decision is declared by the court, the decision has the binding authority on the sub-ordinate courts and has persuasive value for the equivalent courts. Generally, these precedents are meant to be followed, but when court believes that earlier decision is likely paths for erroneous decision then they may not be applicable.supreme court is apex court in india and their decision have binding authority among the courts.

General principles of doctrine of stare decisis

1. Every court is bound by decision of higher court.

2. At times, high courts are bound by its own decisions, but in india supreme court is not bind by its earlier decisions.

3. The decision of high court is not binding on other high court, but it has persusive value.

4. Decision of division bench is not bound to follow by single bench of same high court.

5. unlike high court, the decision of larger bench of supreme court is binding on a division bench of the court especially when disposing the case or when deciding the principle of law.

stare decisis Vs. res judicata

stare decisis means “to stand by decided cases” and whereas res judicata means “a matter judged”, from their meanings these can be easily distinguished. stare decisis are precedents which are considered as landmarks for the future cases and res judicata is a doctrine which prevents the re-ligitation, simply once the matter is decided by the competent court, the parties or their successors are prevented from filing a suit which results in same claim, same title and same issue.

stare decisis are considered as constructive in nature and res judicate is considered as conclusive in nature

1. stare decisis is applicable for future cases while res judicata is applicable for the decided cases.

2. stare decisis focuses on shaping the law considering as precedents whereas the res judicata prevents re-litigation.

3. stare decisis have the binding authority, but res judicata binds only on the same parties or successors in subsequent legal proceedings.

4. stare decisis effects once the decision declared by higher court, but whereas res judicate comes into effect after lapse of appeal period.

Article 141 in Constitution of India

The law declared by the Supreme Court shall be binding on all courts within the territory of India.

This article emphasis the doctrine of stare decisis, which shall have binding authority, ensuring the legal uniformity across the courts due to judicial interpretations by supreme court.unlike high courts supreme court are not bound by their earlier decisions.

Famous case 

Maktul v. Mst. Manbhari 

This case shows how the principle of stare decisis plays a crucial role in the Indian legal system. By carefully considering and applying established legal principles and precedents, the court ensured consistency, predictability, and fairness in the administration of justice.