Precedent and Expediency — An examination of the Privy Purse Judgments and their effect on some constituents of the Republic
By
Udaybhanu Sinh
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 ....