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Stare Decisis (Article 141)

Judicial Orders, Injunctions & Precedents

Definition

"To stand by things decided." The doctrine of binding precedent, codified under Article 141 of the Constitution of India, dictating that the law declared by the Supreme Court of India is binding on all courts across the territory of India.

Example

A single judge of the Karnataka High Court hearing an arbitration dispute is bound to follow the five-judge Constitution Bench ruling of the Supreme Court in In Re: Interplay Between Arbitration Agreements and the Stamp Act, regardless of personal views on stamping defects.