Judicial Process and Precedent

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.

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.

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.