Mock by Loki
Mock by Loki
Mock by Loki
2. Kuchipudi b. Kerala
3. Sattriya c. Assam
PASSAGE
1. Kinds of Precedents
(i) Declaratory and Original Precedents: According to Salmon, a declaratory precedent
is one which is merely the application of an already existing rule of law. An original
precedent is one which creates and applies a new rule of law. In the case of a
declaratory precedent, the rule is applied because it is already a law. In case of an
original precedent, it is law for the future because it is now applied. In this case of
advanced countries, declaratory precedents are more numerous. The number of
the original precedents are small but their importance is very great. They alone develop
the law of the country. They serve as good evidence of law for the future. A declaratory
precedent is as good a source of law as an original precedent. The legal authority of both
are exactly the same.
(ii) Persuasive precedents: 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. A persuasive precedent, therefore,
is not a legal source of law; but is regarded as a historical source of law. Thus, in India
the decisions of one High Court are only persuasive precedents in the other high
courts. The rulings of the English and American courts are also have only persuasive
value.
(iii) Absolutely authoritative precedents: an authoritative precedent is one which judges
must follow whether they approve of it or not. Its binding force is absolute and the
judge’s discretion is altogether excluded as he must follow it. Such a decision has a
legal claim to implicit obedience, even if the judge considers it wrong. Unlike a
persuasive precedent which is merely historical, an authoritative precedent is a legal
source of law. Absolutely authoritative precedents in India: ever court in India is
absolutely bound by the decisions of courts superior to itself. The subordinate courts
are bound to follow the decisions by the High Court to which they are subordinate. A
single judge of a high court is bound by the decision of a bench of two or more judges.
All courts are absolutely bound by the decisions of SC. In England decisions of the
House of Lords are absolutely binding not only upon all inferior courts but even upon
itself. Likewise, the decisions of Supreme Court of appeal are absolutely binding upon
itself.
(iv) Conditionally authoritative precedents: a conditionally authoritative precedents is
one which, though ordinarily binding on the court before which it is cited, is liable to
be disregarded in certain circumstances. The court is entitled to disregard a decision
if it is the wrong one, i.e., contrary to law and reason. In India, for instance, the decision
of a single judge of a HC is absolutely authoritative so far subordinate judiciary is
concerned, but it only conditionally authoritative when cited before a division bench of
the same high court.
Q96. Which of the following is not a legal source of law; but is regarded as a historical
source of law
A. Persuasive precedents
B. Absolutely authoritative precedents
C. Both
D. None
Q.97 Which of the following is the closest word in meaning to precedent?
A. Judge
B. Precarious
C. Yardstick
D. Pernicious
Q98. What is the statement "The legal authority of both is exactly the same." mean?
A. The judge giving the precedent is the same.
B. The Court giving the precedent is the same.
C. The effect of a Declaratory and Original Precedent is the same
D. A conditionally authoritative precedent is a good source of law
Q99. The decision of a single judge of a HC is
A. Conditionally authoritative for subordinate judiciary
B. Absolutely authoritative for division bench of that HC
C. Conditionally authoritative for division bench of that HC
D. Both A and C
Q100. An authoritative precedent is one which judges must follow whether they approve
of it or not. Its binding force is absolute and the judge’s discretion is altogether excluded
as he must follow it. In legal Parlance, This is also known as the doctrine of
A. Stare decisis
B. Eclipse
C. Colorable legislation
D. Territorial nexus