Stare Decisis
/STAIR-ee deh-SY-sis/
Stand by what has been decided — the doctrine that courts are bound by their previous decisions and those of higher courts.
Full Definition
Stare decisis (Latin: 'to stand by things decided') is the doctrine of precedent — the principle that courts must follow the legal rules established in previous decisions by the same court or higher courts in the judicial hierarchy. It provides certainty, consistency, and predictability in law. Decisions are binding through their ratio decidendi (the legal rule that decided the case), not their obiter dicta (incidental remarks). Stare decisis is not absolute: higher courts can overrule their own previous decisions, and lower courts can distinguish cases on facts.
In Indian Law
Article 141 of the Constitution makes Supreme Court decisions binding on all courts in India. High Court decisions are binding within their territorial jurisdiction on all subordinate courts. A full bench decision of a High Court binds a division bench; a division bench binds a single judge. The Supreme Court can overrule its own previous decisions — as it did in Puttaswamy (2017) when overruling ADM Jabalpur (1976).
Landmark Cases
Bengal Immunity Co. v. State of Bihar (1955) — Supreme Court overruling its own decision
Puttaswamy v. Union of India (2017) — Overruling ADM Jabalpur
Frequently Asked Questions
Can the Supreme Court overrule its own earlier decisions?
Yes — the Supreme Court is not bound by its own previous decisions under Article 141. It can reconsider and overrule earlier decisions when they are found to be wrong in law, usually through a bench of equal or larger size than the one that decided the earlier case.