
LAW CHAMBER OF HINESH RATHOD (ADVOCATE)
May 25, 2025 at 05:19 AM
📌 *Principle of Stare Decisis*
• It means 'to abide by things decided'.
• It is legal principle that courts should follow precedents set by previous decisions when making rulings in similar cases.
• Article 141 of the Constitution of India - "The law declared by the Supreme Court shall be binding all courts within the territory of India".
◽ *Exception to the Rule of Stare Decisis*
*1. Per incuriam*
Per incuriam means "wrongly decided". Per incuriam Judgments are those which are wrongly decided due to Wrongful interpretation of law. Ignorance of a relevant statue or Ignorance of binding precedent by the Judges. Such Judgments are not binding on the lower courts.
*2. Sub Silentio*
It means 'In Silence' and is used to refer to something that is not expressly stated. It refers to a situation in which a court make a ruling or applies a principle without taking into account the applicable law or any arguments. Such Judgments are lose their precedential value and are not binding.