NAME PRIYARANJAN BHARADWAJ

ROLL. NO 66
PRECEDENT AS A SOURCE OF LAW

IT IS AN IMPORTANT SOURCE OF LAW, AND IT IS A

LEGAL SOURCE OF LAW ON WHICH COURT IS
BOUND TO FOLLOW, IN ENGLISH LEGAL SYSTEM IT
HAS AUTHORITATIVE IMPORTANCE.

PRECEDENT INCLUDES MERELY REPORTED CASE

LAW WHICH MAY BE CITED AND FOLLOWED BY
COURTS AND OTHER SIDE CASE LAW WHICH HAS
GREAT BINDING AUTHORITY AND MUST BE
FOLLOWED.
A STATEMENT OF LAW MADE BY JUDGE IN A CASE
BECOME BINDING ON OTHER JUDGE AFTER HIM
AND SUBORDINATE COURTS WHICH SUPPOSE TO
FOLLOWED BY EVERY ONE.

2 FACTORS ON PRECEDENT BECOME BINDING:-

A. PRONOUNCED BY SUFFICIENTLY SENIOR COURT.

B. ONLY THE RATIO DECIDEND.

SOMWATI V. STATE OF PUNJAB

JEREMY BENTHAM PRECEDENT IS JUDGE MADE

LAW.
AUSTIN JUDICERYS LAW.
KEETON JUDICIAL PRONOUNCEMENT OF COURT.
 NATURE OF JUDICIAL PRECEDENT
JUDGES CAN MAKE LAW BUT CANNOT ABOLISH IT.
JUDGES HAS THE POWER TO REMOVE THE
IMPERFECTION IN EXISTING LAWS.

JUDICIAL DECISION MAKING EITHER BY DEDUCTIVE

OR INDUCTIVE.

1) IN DEDUCTIVE METHOD, LEGAL RULE IS

APPLICABLE TO ANY PARTICULAR CASE

2) WHERE AS IN INDUCTIVE METHOD, FINDING THE

GENERAL PRINCIPLE APPLICABLE TO
PARTICULAR CASE AND APPLICATION OF RULE
DIRECTLY DOESN'T CONCEIVE.
 POSITION IN INDIA
A. BEFORE THE INDEPENDENCE, IT WAS
RECOGNIZED UNDER SEC 212 OF GOVERNMENT
OF INDIA ACT. 1935.

B. AFTER THE CONSTITUTION CAME INTO FORCE

ARTICLE 141 GIVES A CONSTITUTIONAL STATUS
TO DOCTRINE OF PRECEDENT AND SUPREME
BECAME HIGHEST COURT AND ITS DECISION ARE
BINDING ON ALL SUBORDINATE COURTS.

IN CASES BENGAL IMMUNITY LTD. V. STATE OF BIHAR

THANK
YOU