Doctrine of Stare Decisis - Indian Laws - General

As per Thomson Reuters - Stare decisis, meaning in Latin to stand by things decided , is a legal principle that directs courts to adhere to previous judgments (or judgments of higher tribunals) while resolving a case with allegedly comparable facts. SITA SOREN SITA SOREN VERSUS UNION OF INDIA -[ 2024 (6) TMI 437 - SUPREME COURT (LB) ] 35. In Shanker Raju v. Union of India (2011) 2 SCC 132. , Shah Faesal v. Union of India (2020) 4 SCC 1. , Keshav Mills Co. Ltd. v. CIT (1965) 2 SCR 908. and Krishena Kumar v. Union of India 25 (1990) 4 SCC 207. These judgments reiterate the proposition that (i) the doctrine of stare decisis promotes certainty and consistency in law; (ii) the Court should not make references to reconsider a prior decision in a cavalier manner; and (iii) a settled position of law should not be disturbed merely because an alternative view is available. However, all these judgments recognize the power of this Court to reconsider its decisions in certain circumstances including considerations of public policy ; public good and to remedy continued injustice . In the facts which arose in those cases, this Court found that there was no compelling reason to reconsider certain judgments of this Court. 188.1. The doctrine of stare decisis is not an inflexible rule of law. A larger bench of this Court may reconsider a previous decision in appropriate cases, bearing in mind the tests which have been formulated in the precedents of this Court. The judgment of the majority in PV Narasimha Rao [ 1998 (4) TMI 503 - SUPREME COURT] ), which grants immunity from prosecution to a member of the legislature who has allegedly engaged in bribery for casting a vote or speaking has wide ramifications on public interest, probity in public life and parliamentary democracy. There is a grave danger of this Court allowing an error to be perpetuated if the decision were not reconsidered; RAJEEV R. JAIN, DIRECTOR (SUSPENDED) VERSUS AASAN CORPORATE SOLUTIONS PRIVATE LIMITED, NIRMAL LIFESTYLE REALTY PRIVATE LIMITED - [ 2022 (1) TMI 516 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL] - Doctrine of stare decisis means to stand by decided cases. The principle behind the doctrine is that men who are governed by law should be fixed definite and known and when a law is declared by Court of Competent Jurisdiction in absence of any palpable mistake or error, it is required to be followed. Doctrine of stare decisis is wholesome doctrine which gives certainty to law and guide the people to mould their affairs in future. The doctrine is fully attracted on the statutory Tribunal which is well settled. We may refer to judgment of the Hon ble Supreme Court in Sub-Inspector Rooplal and Anr. Vs. Lt. Governor Through Chief Secretary, Delhi and Others- (2000) 1 SCC 644 where in paragraph 12 the Hon ble Supreme Court held that in context of Central Administrative Tribunal, the Tribunal was bound by co-ordinate Bench.