BharatNotes Precedent
noun (chiefly); also adjective (formal, meaning "preceding")Usage in a UPSC answer
By upholding the basic structure doctrine, the Supreme Court in Kesavananda Bharati set a durable precedent that continues to insulate the Constitution's core from transient legislative majorities.
Synonyms
Antonyms
Word Family
precede (v), preceding (adj), precedented (adj), unprecedented (adj), precedentially (adv)
Root
Latin praecēdēns = going before (pres. part. of praecēdere); prae- = before; cēdere = to go
Etymology
From Middle English, via Old French from Latin praecēdēns (present participle of praecēdere, "to go before"); first recorded in the 14th century.
Memory Hook
"Pre-cede" = to go before. A precedent is the case that PRECEDES and shows the way; like a senior who walks "before" you, setting the example you must follow.
How This Word Works in UPSC Writing
A decided case operating as authority for later ones. Article 141 makes the law declared by the Supreme Court binding on all courts within India, which turns the common law practice of stare decisis into a constitutional command rather than a convention. Two distinctions govern how a precedent is actually used and both are examinable. Only the ratio decidendi, the reasoning necessary to the decision, binds; obiter dicta, observations made in passing, persuade but do not bind, which is why so much argument turns on classifying a passage as one or the other. And a decision rendered in ignorance of a binding statute or precedent is per incuriam and binds nobody. Bench strength governs overruling, so a larger bench may overrule a smaller, which is why questions of importance go to Constitution Benches, as with the thirteen judges who decided Kesavananda Bharati in 1973.
Don’t Confuse It With
Ratio decidendi is the reasoning essential to the decision and alone binds, while obiter dicta are remarks by the way carrying persuasive weight only. A decision given per incuriam, in ignorance of binding authority, does not bind at all. Stare decisis is the general principle of standing by what has been decided, of which Article 141 is the Indian statutory expression. To distinguish a precedent is to show the facts differ so it does not apply, which is quite different from overruling it, since that requires a bench of larger strength.
Hindi Meaning
पूर्वनिर्णय (pūrvanirnaya) or नज़ीर (nazīr).
Common Questions
- Which part of a judgment is binding?
- Only the ratio decidendi, the reasoning necessary to the decision. Obiter dicta, or observations made in passing, carry persuasive weight but do not bind.
- What does per incuriam mean?
- A decision reached in ignorance of a binding statute or precedent, which for that reason does not operate as binding authority.
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