“Case law, also known as precedent or judge-made law, is a fundamental component of the legal system in India. It is a body of law that is derived from judicial decisions of courts and similar tribunals. These decisions are based on the detailed facts of a legal case that have been adjudicated by courts or similar tribunals. This type of law provides a common contextual background for certain legal concepts and how they are applied in specific types of cases. The term ‘case law’ refers to law that originates from decisions made by judges in previous cases. These decisions, often referred to as ‘judgments’, become a guide for future cases that are similar in nature. They serve as a roadmap for the interpretation and application of the law, providing clarity and direction for similar cases in the future. To ensure uniform enforcement of laws across the country, the Indian legal system adheres to the doctrine of stare decisis, which is Latin for “stand by decided matters.” This principle means that a court will be bound to rule in accordance with a previously made ruling on the same type of case. This ensures consistency in the application of the law and provides predictability for individuals and entities who are subject to the law.

Case law:-

It is specific to the jurisdiction in which it was rendered. For instance, a ruling in the High Court of Rajasthan would not usually be used in deciding a case in Kerala. This is because each state in India has its own set of laws and regulations, and a decision made in one state may not be applicable in another. However, decisions made by the Supreme Court of India are binding on all lower courts in the country.

Precedent, or case law, is binding on courts of the same level or lower, and applies only if there is no legislative statute created, or higher court ruling, that overrules it. This means that lower courts must follow the decisions of higher courts when faced with similar legal issues.

For example, consider a situation where a tenant files a civil lawsuit against her landlord, claiming he had not given her enough notice before raising her rent, citing a new state law that requires a minimum of 90 days’ notice.

The landlord argues that the new law applies only to landlords of large multi-tenant properties. When the state court hearing the case reviews the law, it finds that, while it mentions large multi-tenant properties in some context, it is actually quite vague about whether the 90-day provision applies to all landlords.

The judge, based on the specific circumstances of the case, decides that all landlords are held to the 90-day notice requirement, and rules in the tenant’s favor. A year later, another tenant and landlord have a similar problem. When they sue their landlord, the court must use the previous court’s decision in applying the law.

Electoral Bonds Case Verdict: On February 15, the Supreme Court of India gave a verdict on the electoral bonds case, in Association for Democratic Reforms v. Union. Chief Justice D Y Chandrachud stated that information about funding of political parties is essential for the effective exercise of the choice of voting.

In conclusion, case law plays a crucial role in the Indian legal system. It provides guidance for future cases, helping to ensure consistency and fairness in the application of the law. It also contributes to the evolution of the law, allowing it to adapt to changing societal values and norms.”