Judicial Process and Precedent

The new fourth edition of this scholarly work is more exhaustive and comprehensive in its coverage, with the latest case law. It studies the role of 'precedent' in the Indian legal system, and how its various components mutually interact.

Topics covered include: Stare Decisis, Ratio Decidendi, Supreme Court and Overruling of Precedent, Judicial Law-Making, Law Declared by the Supreme Court under Article 141, Judicial Process and the Right to Life, Indian courts' approach to Death Sentence, etc.

Key Features:

• Because of the academic merit, the work has been relied upon by the Judges of the Supreme Court, including the former Chief Justice of India, Justice R.C. Lahoti, who quoted this book in his judgment.
• New chapters "Judicial Process: A Prologue" and "Basic Structure Doctrine: Judicial Dynamics" have been included.
• Recent landmark rulings of the Supreme Court and High Court included.
• Considering the fact that the reader's knowledge on the subject may vary considerably, the author makes allowance and treats the subject accordingly.

Reviews

A reading of the whole book by the learned author is enlightening. He has taken us through the various important decisions of the Supreme Court in the perspective of the system of precedents. In the process of this review, one does get a proper assessment of the particular cases and an all sided examination of their importance and effect. It is a pleasure to have such a book at hand so that the relative importance of each such decision is properly understood in the context of other decisions constituting the system of precedents. All important aspects of the system of precedents working in India have been painstakingly considered.

- Indian Law Institute

Packed into its pages are extensive discussions on the subject. The work is a well written and well organised collection of good ideas.

- Kerala Law Times

It is an excellent and valuable addition to legal literature.

- All India Reporter

Table of Contents:

1. Judicial Process: A Prologue
2. Precedent : A Prognosis
3. "Stare Decisis" in the Indian Courts: Institutional Aspects
4. "Stare Decisis": A Sociological Perspective
5. "Ratio Decidendi" and the Structure of Judgments
6. Supreme Court and Overruling of Precedent
7. Judicial Law-Making and Prospective Overruling
8. Basic Structure Doctrine: Judicial Dynamics
9. Law Declared by the Supreme Court Under Article 141
10. Judicial Process and the Right to Life
11. Death Sentence: Judicial Ambivalence
12. Judicial Process and Personal Liberty
13. Epilogue: Future of the Past