The doctrine of judicial precedent involves use of the doctrine of stare decisis, to stand by the decided. This means that lower courts are bound to apply the legal values set down by higher courts in earlier cases. This provides uniformity of law. This is known as the Judicial Precedent. Judicial Precedents are an important source of law. They have enjoyed high authority at all times and in all countries. A persuasive precedent is one which the judges are under no duty to follow but to which they will take into consideration and to which they will attach great weight as it seems to them to deserve. In the case of absolute precedents, they have to be surveyed by the judges even if they do not accept it. They are entitled to implied obedience. A conditional precedent can be accepted by overruling. In the case of overruling, the precedent overruled is authoritatively pronounced to be wrong so that it cannot be followed by the courts in the future. A declaratory precedent is one which is merely the request of an already existing rule of law. An original precedent is one that makes and establishes the new rule. These are called original precedents.

Anupama Sibi

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