International Journal For Multidisciplinary Research

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Judicial Pronouncements: Unravelling the Significance of Obiter Dicta and Ratio Decidendi in Legal Precedents

Author(s) Mahantesh G S, Khushi Tripathi
Country India
Abstract This article examines the significance of court decisions, paying particular attention to the concepts of both ratio decidendi (rationale) and obiter dictum in relation to legal precedents. It looks into how laws are made and where legal notions come from, including laws, conventions, and precedents. Civil law principles are compared and contrasted with cases from the English common law system. Article 141 of the Indian Constitution, highlights the significance of decisions made by the different Courts being binding in the Indian context and the applicability of precedents in this regard.
Furthermore, the difference between ratio decidendi and obiter dicta is elucidated, underscoring the importance of the former as the legal principle that guides subsequent instances. Both descriptive and prescriptive ratios are considered, as well as the application of obiter dictum to court rulings. The essay highlights the need for precedents to be clear and logical for courts to correctly recognize them as legal precedents.
The paper concludes with recommendations for improving and simplifying the precedent system to support the consistent and uniform administration of justice. To improve the precedents' utility and accessibility for legal scholars and practitioners, judges should write succinctly and clearly. In the end, the statement emphasizes how important it is for interested parties to keep debating and discussing ways to settle conflicts and enhance the way precedents are applied in the legal profession.
Published In Volume 6, Issue 2, March-April 2024
Published On 2024-04-06
Cite This Judicial Pronouncements: Unravelling the Significance of Obiter Dicta and Ratio Decidendi in Legal Precedents - Mahantesh G S, Khushi Tripathi - IJFMR Volume 6, Issue 2, March-April 2024. DOI 10.36948/ijfmr.2024.v06i02.16486
DOI https://doi.org/10.36948/ijfmr.2024.v06i02.16486
Short DOI https://doi.org/gtp8jb
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