What Is Precedent in Indian Law? A Student-Friendly Guide

Stare decisis et non quieta movere (to stand by things decided and not disturb settled points) is the cornerstone of legal certainty in India. Precedent ensures that like cases are decided alike, protecting citizens against arbitrary judicial whim.

### 1. Supreme Court of India (Article 141) - Binding on all High Courts, District Courts, Tribunals, and subordinate courts across India. - Larger Bench Rule: A 5-judge Constitution Bench decision overrules a 3-judge or 2-judge bench decision. In case of co-equal benches, the earlier decision generally holds unless clarified. ### 2. High Courts - Binding on all subordinate courts within the territorial jurisdiction of that particular State. - High Court judgments have persuasive authority on other High Courts. ### 3. Key Exceptions to Binding Precedent - Per Incuriam: A decision delivered in ignorance of a statutory provision or binding higher-bench precedent. - Sub-Silentio: Where a legal point was not argued, considered, or consciously decided. - Prospective Overruling: The court clarifies that the new precedent applies only to future cases without undoing past transactions (I.C. Golak Nath).