Doctrine of Stare Decisis

stare decisis et non quieta movera (latin) - 'stand by things decided and not disturb what is settled''

The Doctrine of Stare Decisis, a cornerstone of common law legal systems, ensures stability and predictability in the law by obliging courts to follow precedents set by previous decisions. This principle, which means "to stand by things decided," is integral to the judicial process, providing a framework within which individuals and entities can conduct their affairs with a reasonable expectation of legal outcomes.

In India, the doctrine is enshrined in Article 141 of the Constitution, mandating that the law declared by the Supreme Court is binding on all courts within the territory of India. This doctrine not only streamlines judicial proceedings by minimizing re-litigation of established legal principles but also reinforces the integrity of the judiciary by fostering consistent application of the law. However, it is not without its critics, who argue that slavish adherence to precedent may perpetuate outdated or unjust rulings. Nonetheless, the doctrine remains a fundamental aspect of the legal landscape, guiding the delicate balance between legal certainty and flexibility.

The Hon'ble Supreme Court upholds the Principle of Stare Decisis in multiple cases, one such case being Krishena Kumar and Anr Etc Etc v. Union of India and Ors, wherein the Hon'ble Court held that "it should be invariably applied and should not ordinarily be departed from where decision is of long standing and rights have been acquired under it, unless consideration of public policy demands it".

For a Company Secretary, understanding the nuances of the Doctrine of Stare Decisis is crucial in navigating corporate governance and ensuring compliance with the evolving tapestry of judicial interpretation.