महाजनोयेनगतःसपन्ाः।T

The text of Mahabharata says ‘that path is the right path which has been followed by virtuous men.’

The concept of precedent is based on this theory. The edifice of the common law is made up of judicial decisions.

The doctrine of precedents grew in England in absence of codified laws. The rule of law requires not over turning precedents too often. Aristotle said “the habit of lightly changing the laws is an evil”.

In Government of India Act, 1935, the hierarchy of courts was created, with federal court as the superior court. Section 212 of the Act provided that law declared by the federal court and any judgment of the Privy Council shall, so far as applicable, be recognised as binding on and shall be followed by all courts in British India. After independence, Article 141 of the Constitution provided that law declared by the Supreme Court shall be binding on all courts within the territory of India.