Stare decisis and Art.

141, Constitutin of India

The principle of stare decisis is embedded in latin Maxim stare decisis et non quieta
movere, firmly entrenched in British system of doctrine of binding proceedent and embodied
in Article 141 of the Consitution of India, in short Constitutin if provides that the law
declared by Supreme Court shall be binding on all courts within the territory of India. The
expressions binding and on all courts catch our eyes. It is to be discerned as to what is
binding and determined whether the Supreme Court is bound by its own decisions.
Meaning of Stare decisis
Stare decisis means to stand by decided cases. We have hierarchy of courts. The
Supreme Court is at the top of pyramid. It decides cases with a seal of finality. The decision is
an authority for what it actually decides. What is of essence in a decision is it ratio, and not
every observation found therein,l nor what logically flows from the various observations
made in the judgment. The enunciation of the reason or principle on which a question before
a court has been decided is alone binding as a precedent1.
Law declared binding
It is aw declared that is binding. The decision not express, nor founded on reasons,
nor proceeding on consideration of the issue cannot be deemed as law declared.
Lis
It is basal to common law doctrine of binding precedent that there should be a lis for
adjudication before the Court, a set of material facts and the Judge has to apply the reasoning
to justify decision after putting the facts in a legal pigeon-hold. Indeterminacy of precedent
authority must not sway away the mind of a Judge. A case is an authority for what it decides.
A decision cannot be relied upon in support of a proposition that it did not decide

Article 145 in The Constitution Of India 1949

145. Rules of Court, etc
(1) Subject to the provisions of any law made by Parliament the Supreme Court may from
time to time, with the approval of the President, make rules for regulating generally the
practice and procedure of the Court including
(a) rules as to the persons practising before the Court,
(b) rules as to the procedure for hearing appeals, and other matters pertaining to appeals
including the time within which appeals to the Court are to be entered;
(c) rules as to the proceedings in the Court for the enforcement of any of the rights conferred
by Part III;
(cc) rules as to the proceedings in the Court under Article 139A;
(d) rules as to the entertainment of appeals under sub clause (c) of clause ( 1 ) of Article 134;
(e) any judgment pronounced or order made by the Court may be received and rules as to the
conditions the procedure for such review including the time within which applications to the
Court for such review are to be entered;

(f) rules as to the costs of and incidental to any proceedings in the Court and as to the fees to
be charged in respect of proceeding therein;
(g) rules as to the granting of bail;
(h) rules as to stay of proceedings;
(i) rules providing for the summary determination of any appeal which appears to the Court
to be frivolous or vexatious or brought for the purpose of delay;
(j) rules as to the procedure for inquiries referred to in clause ( 1 ) of Article 317
(2) Subject to the provisions of clause ( 3 ), rules made under this article may fix the
minimum number of Judges who are to sit for any purpose, and may provide for the powers
of single Judges and Division Courts
(3) The minimum number of Judges who are to sit for the purpose of deciding any case
involving a substantial question of law as to the interpretation of this Constitution or for the
purpose of hearing any reference under Article 143 shall be five: Provided that, where the
Court hearing an appeal under any of the provisions of this chapter other than Article 132
consists of less than five Judges and in the course of the hearing of the appeal the Court is
satisfied that the appeal involves a substantial question of law as to the interpretation of this
Constitution the determination of which is necessary for the disposal of the appeal, such
Court shall refer the question for opinion to a Court constituted as required by this clause for
the purpose of deciding any case involving such a question and shall on receipt of the opinion
dispose of the appeal in conformity with such opinion
(4) No judgment shall be delivered by the Supreme Court save in open Court, and no report
shall be made under Article 143 save in accordance with an opinion also delivered in open
Court
(5) No judgment and no such opinion shall be delivered by the Supreme Court save with the
concurrence of a majority of the Judges present at the hearing of the case, but nothing in this
clause shall be deemed to prevent a Judge who does not concur from delivering a dissenting
judgment or opinion

151. Audit Reports :(1) The reports of the Comptroller and Auditor-General of India relating to the accounts of
the Union shall be submitted to the president, who shall cause them to be laid before each
House of Parliament.
(2) The reports of the Comptroller and Auditor-General of India relating to the accounts of a
State shall be submitted to the Governor of the State, who shall cause them to be laid before
the Legislature of the State.