The doctrine of precedent, also called stare decisis, is a basic rule in the legal system. It means that courts should follow decisions made in earlier cases when deciding new cases that are similar. This helps ensure fairness because similar cases are treated the same way.

Imagine a teacher setting a rule for students: “If you forget your homework, you lose 5 marks.” If a similar situation happens later, the teacher follows the same rule. In the same way, courts rely on past judgments (called precedents) to guide decisions in similar cases. This consistency makes the law predictable and reliable.

case law :

Kesavananda Bharati v. State of Kerala (1973)

• Principle: The Basic Structure Doctrine was established, where the Supreme Court ruled that Parliament cannot alter the basic structure of the Constitution.
• Precedent Impact: This judgment became a binding precedent for all subsequent cases involving constitutional amendments.

2. Golak Nath v. State of Punjab (1967):

• Principle: Fundamental Rights were held to be beyond the amending power of Parliament.
• Precedent Impact: Although partially overruled by Kesavananda Bharati, it demonstrated the application of stare decisis in interpreting constitutional provisions.

3. Donoghue v. Stevenson (1932) – UK Case:

• Principle: Established the modern law of negligence, introducing the concept of the duty of care.
• Precedent Impact: This case became the cornerstone for tort law globally and is cited in numerous subsequent cases dealing with negligence.

4. Bengal Immunity Co. v. State of Bihar (1955):

• Principle: The Supreme Court held that under Article 141 of the Indian Constitution, the law declared by the Supreme Court is binding on all courts in India.
• Precedent Impact: Reinforced the hierarchical nature of judicial decisions in India.

5. Young v. Bristol Aeroplane Co. Ltd. (1944) – UK Case:

• Principle: Clarified when the Court of Appeal could depart from its previous decisions (e.g., when decisions conflict or are made per incuriam).
• Precedent Impact: Provided clarity on the application of precedent in appellate courts.

6. M. Nagaraj v. Union of India (2006):

• Principle: Reiterated the Basic Structure Doctrine and upheld the validity of constitutional amendments related to reservation, provided they did not violate the basic structure.
• Precedent Impact: Followed the precedent set in Kesavananda Bharati, showcasing stare decisis in action.