The document discusses the concept of legal precedents, defining them as rules established by courts to guide future cases. It highlights the importance of precedents in ensuring predictability and fairness in law, as well as their role in significant cases such as 'Vishakha vs. State of Rajasthan' and the 'Right to Food Case'. The text argues for the necessity of a systematic approach to record and manage judicial precedents due to their complexity and volume over time.

1. By-
Mohit Yadav
Pratik Jain

2.  Literal meaning- Something that has happened before
 As Defined in Black’s Law Dictionary, "precedent" is a
"rule of law established for the first time by a court for
a particular type of case and thereafter referred to in
deciding similar cases( Black’s Law Dictionary P 1059
5th edition 1979)
 Precedent is the legal principle or rule that is created
by a court to guide the judges when a similar set of
facts come.

3.  Authoritative precedents
Sources- ratio of the judgment of the higher court in a
previous case with similar set of facts.
 Persuasive Precedent
Sources- Dissenting opinions, Decisions of
subordinate courts, Decision of foreign courts,
Obiter dicta, etc.

4.  Latin phrase which means to stand by decided cases.
 Article 141 -
 All the subordinate courts are bound to follow what is
laid down by the supreme court.

5.  1.East India commercial co. ltd Vs. collector of
customs(AIR 1962 SC 1873)
 2. Baradakant Mishra Vs. Bhimsen Dixit(AIR 1972 SC
24)
 3. CIT Thana Vs. Thana electricity Supply limited

6. 1. If it is reversed or overruled by a higher court.
2. When it is inconsistent with the earlier decision of
the same rank.
3. When it is rendered per in curium.
4. When it does not state any reason for the judgment.

7.  The use of precedent has been justified as providing pr
edictability, stability, fairness, and efficiency in the law
.
 “Reliance upon precedent also promotes the expectatio
n that the law is just. The idea that like cases should be
treated alike is anchored inthe assumption that one p
erson is the legal equal of any other.
 Precedent also enhances efficiency.

8. 1.If there are more than one ratios laid down in a
judgment then which ratio is to be considered a
precedent.
2. There are numerous case laws and hence it is a tedious
task to recognize the relevant ones.
3. Unless a case in this regard does not comes to the
court, legal position can’t be given on the same.

9.  1. Vishakha Vs. State of Rajasthan.(AIR 1997 SC 3011)
 Judges- J.S. Verma C.J.I., Mrs. Sujata V. Manohar and B.N.
Kirpal. JJ.
 The present writ petition has been brought as a class action
by certain social activists and NGOs with the aim of
focusing attention towards this societal aberration, and
assisting in finding suitable methods for realization of the
true concept of ‘gender equality’; and to prevent sexual
harassment of working women in all work places through
judicial process, to fill the vacuum in existing legislation.
 Certain guidelines were laid down in the present case to
ensure the same for the working women.

10. 2.PUCL Vs Union Of India(Right to food case) (2001)
In order to ensure food security to the poor citizens , a case
was taken up by PUCL. Food grains was destroyed in the
cold storages and was not used to feed the poor and the
needy.
The court affirmed the right to food as necessary to
uphold Article 21 of the Constitution of India, which
guarantees the fundamental right to “life with human
dignity.
Supreme court since then passed numerous interim orders
in the present case ensuring the availability of good quality
food for children etc

11.  3. Ashok Kumar Thakur Vs. Union Of India
 This petition challenged the basis of the Mandal
Commission's conclusion that OBCs constituted 52 per
cent of the total population. The National Sample Survey
Organisation had estimated it as 32 per cent and the
National Family Health Survey 29.8 per cent.
 The Court issued notice to six Union Ministries and also to
the Federation of Indian Chambers of Commerce and
Industry in this connection.
 This case made it possible to give statutory recognition to
the Right to education to all the children from the age of 6-
14 years.

12.  4. The famous Nirbhaya case can also be considered as
a good precedent and a source of law as it made way
for the criminal law amendment act of 2013.
 This resulted in sensitizing law with respect to women
security in the country.

13.  Judicial precedents are indeed a good source of law.
 saves the time of the courts and hence helps in ensuring
effective justice delivery system.
 It cannot be denied precedents are one of the most
important sources of law. But with time it will become
more and more difficult to keep a track all such judicial
precedent. So some mechanism will have to be developed
to make good provisions for recording of precedence.