EVOLUTION OF PRECEDENT IN INDIAN SOCIETY: HOW, WHERE AND BY WHOM?

Abstract Every developed legal system possesses a judicial organ. The main function of the judicial organ is to adjudicate the rights and obligations of the citizens where precedent serves as aid to some set of guiding patterns in the future conduct. The term precedent is nothing but an evolution of the guidance and authority of past decision on the landmark cases in order to serve as a helping hand to the society while dealing with the pros and cons of the Indian legal system. Through this paper presented the author wants to explain about the evolution of the precedent emerging from the ancient law, to medieval and also British rule, and now to the present scenario of the Apex, Supreme Court and the High Court. The paper also lays down the emphasis on the importance of the precedent and covers its constitutional validity. Paper indeed explains English law concept of Stare Decisis and application of the “Doctrine of the Precedent”. These and more are the concern of this paper which in the all in all concerns the advancement, modification and adaptation of the precedent system in India