Report No. 136

2.11. Doctrine of precedent.-

The consideration of uniformity is, in fact, one of the philosophical justifications for the doctrine of precedent. We are not, at the moment, concerned with any theoretical exposition of this doctrine. But it seems necessary to draw attention to some aspects of the doctrine. Stare decisis has become an integral part of our law and the doctrines of precedent and stare decisis seems to have at least three rupees in mind:-

(1) they provide a basis from which lawyers can advise clients;

(2) they avoid additional costs of appeals and unnecessary litigation; and

(3) there is a danger that in the absence of these doctrines, different courts in different areas would apply different principles of law in the adjudication of controversies. The lest mentioned object is of direct relevance for the healthy functioning of the legal system.