Maxims on precedent and interpretation

The essentials

Courts decide like cases alike, following earlier decisions under the doctrine of precedent. They also need tools to interpret the words of statutes. Maxims in this group explain which part of a judgment binds later courts and how to read words in their context.

Key points

• Stare decisis: "to stand by things decided" – courts follow earlier decisions on the same point of law. In India, the law declared by the Supreme Court binds all courts (Article 141).
• Ratio decidendi: "the reason for the decision" – the legal principle necessary for deciding the case. It is the binding part of a precedent.
• Obiter dicta: "things said by the way" – remarks not necessary for the decision. They are only persuasive, though obiter of the Supreme Court carries great weight.
• Per incuriam: "through lack of care" – a decision given in ignorance of a relevant statute or binding precedent; such a decision does not bind later courts.
• Ejusdem generis: "of the same kind" – general words following specific words are limited to things of the same kind. Example: "cars, buses, trucks and other vehicles" would cover motor vehicles, not bicycles or aircraft.
• Noscitur a sociis: "a word is known by the company it keeps" – the meaning of a doubtful word is gathered from words around it.
• In pari materia: "on the same subject" – statutes dealing with the same subject are read together as one system to interpret them consistently.

Exam tips

• Ratio binds; obiter persuades; per incuriam decisions lose binding force.
• Ejusdem generis needs a list of specific words of one class followed by general words.

Common mistakes

• Treating everything in a judgment as binding.
• Confusing ejusdem generis (general words limited by a preceding list) with noscitur a sociis (meaning from neighbouring words generally).