Judicial Precedent and Discipline under the Indian Constitution

Abstract

The judicial system administers justice through courts. Judges are individuals who preside over judicial proceedings. They are not only symbolic representations of courts; they are physical embodiments of the courts themselves. Judges conduct in fulfilling their responsibilities impacts the reputation of courts and the credibility of the legal system. In India, judges have always been highly respected and adored as exceptional beings. Judicial discipline, or the absence of it, is a complex topic. It highlights fractured underlying principles that have the potential to conflict with one other. These factors consist of independence, accountability, transparency, impartiality, efficiency, justification and public participation. The doctrine of precedent has become an essential component of judicial discipline due to advancements in law. Article 141 of the Indian Constitution states that decisions made by the Supreme Court must be followed by other courts in India. The principle of precedent is a fundamental aspect of the hierarchical structure of the judicial system. When a higher or concurrent court makes a decision regarding the rights of the parties in a case that establishes a legal principle, it remains binding until it is overturned, which contributes to the evolution of legal principles. This research paper shall discuss the significance of a precedent on its substantive decision rather than on surrounding problems. A precedent is a legal rule that embodies a basic principle, establishing an authoritative aspect referred to as ratio decidendi. Further, shall suggest the Court should exercise prudence when dissenting or overruling in order to preserve stability and consistency. Excessive rigidity could impede the evolution of the law.