Friday, 3 June 2022

stare decisis

 STARE DECISIS AND CONCEPT 


Stare  decisis  principles are primarily adhered to  ensure a unified judiciary and to make judicial decisions. It supports both judges and lawyers in the consistent application of law. 

 And preventing a single judge in the lower court from making a decision contrary to the Supreme Court's ruling in principle is a form of injunction. Following the 

 judicial example also helps to make the legal and judicial systems more efficient, as  the court does not have to consider the same legal points over and over again in  the same case. The 

 Stare decisis is designed to work horizontally and vertically. That is, the preamble for making the following decision by both  the same court that established the model and  all  lower courts within that court's territory. India 


History 

The desire for certainty and persistence in the law led to the teaching of stare decisis. This doctrine was originally used in ancient England and America, where legal courts considered the jurisdiction of the preceding cases and the jurisdiction of those who did not consider them to be either good or bad. Initially, due to a lack of written recordings or legal decisions, the doctrine of stare decisis was not widely used, but after the idea of ​​recording judgment came, the widespread application of this doctrine proved valid.It was in the 17th century for the first time in England that the decision of the Exchequer courts was given binding powers. Later in 1883, an urgent need to recognize the binding power of models was introduced in the case of Mirehouse v. Rennel. Further in 1873 and 1875 came the Supreme Court Justice Act, in which the belief that stare decisis was established. In India the concept of a precursor was introduced after the British came to India, which leads down to the court system and the idea of ​​a higher court decision binding the lower court decision.

In 1935 the Indian Government Act, clearly stated that the decision of the State courts and the Privacy Council would bind all other court decisions in British India. Therefore, from the 18th century until now stare decisis is a significant feature of our legal system.

  

 The doctrine of strict choice in its current form does not seem to exist in India before the United Kingdom. After  British rule was established in the country, the concept of  binding India's precedent began to apply. 

 The court's position and reporting decision are two conditions that precede the principle of gaze decision. Article 141 of the Constitution of India shall bind the "law" promulgated by the Supreme Court to all courts within India's sovereign territory. In cases previously decided by  the Lower Court, the High Court may: 

 Cancellation: The decision and the original decision are invalid The first case was wrong. It overturns the lower court's decision 

 Refusal of Compliance: If the court may withhold or withhold the decision, but does not wish to comply with the decision or refuses to comply with the decision. 

 Distinguish: When the essential facts of the case are different and the given principles are too limited to be used properly in  new situations.



conclusion 

stare decisis  doctrine is very useful in our judicial system. But at the same time, the convenience of following the example should not be underestimated. It should be used with caution, with a view to promoting justice and equality  . practical law is based on experience, with foresight preceding the scope of the diminishing experience that undermines the essence of law enforcement.

It has been criticized for its detrimental effect on the development of the law.

The first and foremost evils of this doctrine and the preceding principle are its solidity.

What is worse is the complexity of the situation, which makes it sometimes uncertain.

Most of the time judging errors are exemplary.


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