License & Printed By : | https://www.aironline.in |
Precedent and Expediency — An examination of the Privy Purse Judgments and their effect on some constituents of the Republic

By Udaybhanu Sinh

Published In

AIR 2019

Indian legal history has long been steeped in the doctrine of Precedent and Stare Decisis. In fact, the very foundation of legal  fortitude, correctness and the rule of law stems directly from the  various  pronouncements which have been handed down from the Supreme Court, the various High Courts, and prior thereto, the Federal Court and the Privy Council. Simply Stated, if courts were not to follow the rulings on law and legal principles of Superior Courts, anarchy would ensue and the edifice of legal sanctity would be jeopardised. Of course, there is an exception to this sound legal principle and that is the Supreme Court itself, which is not bound by judicial precedent.  Article 141 of the Constitution reserves the exception for the Supreme Court on the sound principle that law evolves and that judgments are the product of a factor of evolving circumstance, specific facts and legal principle; the law must evolve as the people it governs evolve, keeping in step ....

Buy and Download By Entering Following Details (Worth /-)

Step 1
Enter your contact details.
Please enter your name.
Please enter a valid 10 digit mobile number
Please enter your valid email id.
I agree on Terms & Conditions
Step 2
Enter your payment details

 J