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Example
Statutory link
Exceptions / limits
Opposite / Related
Exam tip
Memory trick
Key takeaway
Stare decisis
| Literal meaning | To stand by decided things |
|---|---|
| Pronunciation | STAH-ray dih-SEE-sis |
Courts follow earlier decisions on the same point of law. It brings certainty and equality in the law.
Example
A High Court has to follow a Supreme Court decision on the same question.
Statutory link
Article 141 of the Constitution of India: the law declared by the Supreme Court is binding on all courts within India.
Exceptions / limits
A court can depart from an earlier decision that was wrongly decided, was per incuriam, or does not fit the new facts. The Supreme Court is not bound by its own earlier decisions.
Exam tip
Asked with precedent and Article 141.
Memory trick
Stand by what was decided.
Key takeaway
Courts follow earlier decisions on the same point of law.
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