The modern Indian law as administered in courts is derived from various sources and these sources fall under two heads i.e. Primary Sources and Secondary Sources. Judicial precedents are considered as primary source of I
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2023
The modern Indian law as administered in courts is derived from various sources and these sources fall under two heads i.e. Primary Sources and Secondary Sources. Judicial precedents are considered as primary source of Indian laws. What do you mean by Judicial Precedents ? Read the following statements. Determine and explain what kind of precedent it is: (i) 'Vishaka guidelines' were stipulated by the Supreme Court of India, in Vishaka and others v. State of Rajasthan case in 1997, regarding prevention of sexual harassment at workplace. They acted as precedent for many cases during 1997-2013 until Protection of Women from Sexual Harassment Act, 2013 was enacted. (ii) The decision of one High Court may not be binding on other High Court. But the decisions can give a principle which may be helpful for the other High Court. The other High Court may or may not follow the principle of the decision.
Answer & Explanation:
Judicial Precedent means the guidance or authority of past decisions of the courts for future cases. Only such decisions which lay down some new rule or principle are called judicial precedents. (i) In the given situation, it is 'Original precedent' because 'Vishaka guidelines' created and applied a new rule of law regarding prevention of sexual harassment at workplace. It was law for future because its guidelines were applied in future similar cases. (ii) In the given situation, it is Persuasive Precedent. A persuasive precedent is one which the judges are not obliged to follow but which they will take into consideration and to which they will attach great weight as it seems to them to deserve. For example, in certain circumstances the decision of one High Court may not binding on other High Court but the decisions can give a principle which may be helpful for the other High Court. So these types of decisions will have persuasive value.
Topics: Jurisprudence
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