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What Is Ratio Decidendi

Ratio decide di

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0% found this document useful (0 votes)
394 views3 pages

What Is Ratio Decidendi

Ratio decide di

Uploaded by

mehakayaz466
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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What is Ratio Decidendi?

"Ratio decidendi" translates to "reason for deciding." In the legal context, it justifies arriving at a
judgment on an issue. These hold the utmost importance in a judge's discourse and are
considered the crux. Case laws or precedents have been and remain globally recognized as law
sources. The term 'precedent' originates from 'precedence,' signifying being of greater
importance or coming before other things. 'Precedent' commonly denotes a previous action or
decision taken in similar circumstances as a reference or guidance for future actions. This notion
asserts that once a court has ruled, there's no need to alter it. The ratio decidendi can be
pinpointed by highlighting pertinent information while excluding less relevant details. Another
technique for discerning ratios is to narrow down the relevant precedents for resolving the case.

Rules of Ratio Decidendi

o There are two approaches for determining ratio decidendi. The first is the traditional
procedure, while the second is the inversion test.
o The traditional technique establishes specific principles that must be followed to
comprehend what constitutes the ratio in any given verdict.
o The following are the guidelines:
o The ratio decidendi must be the result of a legal dispute.
o The component must be required for determining the list.
o It must have been debated and decided after careful deliberation.

What is the Importance of Ratio Decidendi?

o Ratio decidendi is important in judicial precedents since the legal norm underpins the
judgment in a certain case.
o As a result, it establishes the judicial precedent for future cases and is regarded as the
most fundamental component of a judge’s speech.
o A judicial precedent, also known as case law, has been and continues to be a significant
source of law.
o Decisions from previous cases establish precedents for future judges to follow. There are
three types of precedents: original, binding, and ubiquitous.

Descriptive Ratio

o The descriptive ratio is the logic or reason that assisted the court in concluding. It is the
original ratio and will be useful in future scenarios.
o As a result, the descriptive ratio is modified by employing the level of generality to be
used as a prescriptive ratio.

Prescriptive Ratio

o The prescriptive ratio is how the descriptive ratio is utilized as a precedent in a


future case. No two cases are identical in terms of facts or law.
o As a result, there is an issue with applying the theory as it is spelled forth in a
future example.
What is Obiter Dicta?
Obiter Dicta's meaning is commonly interpreted as an ordinary remark. It is made by the court
that is not part of the ratio decidendi. Obiter dicta are not necessary for making a choice; they are
merely useful in assisting the conditions. An obiter dictum statement is nothing more than
accidental observations.

Why is Obiter Dicta important?

o The Supreme Court’s obiter dicta are binding on all courts and tribunals within India’s
borders.
o It is a judge’s remarks or observations that, while contained in the body of the court’s
judgment, do not form an essential component of the court’s ruling.
o The examples of obiter dictum are presented using instance, analogy, or argument.
o Even though they are true legal declarations, they are not the topic of the court decision.

How do you calculate obiter dicta?

o Obiter dictum refers to a section in a judicial judgment that is not required for the
court’s ruling in the matter at hand. Such utterances lack the weight of tradition,
but they may nonetheless be noteworthy.
o The circumstances of the case do not support the obiter dictum. This might be a
decision made based on the court’s jurisdiction or anything else, not on the facts
before the court.
o Obiter Dicta is broken into two halves. Obiter dictum is a legal declaration based
on facts that were either not decided to be significant or did not exist at all.

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Doctrine of Precedent
o The precedents theory holds that courts' decisions typically bind subordinate
courts when a similar or identical matter of law is submitted before the court.
o The notion of precedents is precious because it gives certainty.
o Article 141, one of the important articles of the Indian Constitution, incorporates
explicitly the notion of precedent.
o It states that the Supreme Court’s judgments are binding on all courts within
India’s borders.
o The theory works in both horizontal and vertical directions.
o A court following its precedent is referred to as horizontal stare
decisis.
o When a court follows a precedent from a higher court, it engages in
vertical stare decisis.
o As a result, stare decisis discourages contesting established precedents, lowering
spending.
Difference Between Ratio Decidendi and Obiter Dicta
Obiter dicta are not legally enforceable. The ratio decidendi, on the other hand, is binding
authority. The reasons for the court’s ruling are known as the ratio decidendi. However, the obiter
dictum is a standard remark that may aid in comprehending the circumstances that led to the
court’s conclusion.

Ratio Decidendi Obiter Dicta


Definition A judge’s judgment in a matter is based on Obiter dicta are legal ideas or observations
the ratio decidendi. The ratio is the judge’s expressed by judges that have no bearing on
decision on a legal issue, not simply a the result of the case.
recitation of the law.
Role Ratio decidendi is a norm of law that the Obiter dictum is a rule of law stance taken by
judge openly or implicitly treats as an a judge that was not explicitly or implicitly
essential step in reaching the decision. considered as a required step in obtaining his
judgment.
Main The judge is interpreting the law to the facts The judge’s ruling in this case is not
Elements of the case, not just declaring it. dependent on the legal explanation or
rationale provided.
Significance The explanation provided is required to The above legal statement or argument is
decide the case’s outcome. hypothetical and is just used to illustrate or
clarify anything.
Authority The ratio decidendi is binding on inferior An obiter dictum carries no such weight. It is
courts and has binding authority. a phrase by the courts that has no weight.

Conclusion
Precedents are significant players in the legal sector since they reduce the load on courts to a
greater extent. It assists judges in determining following cases in understanding the essence and
reasoning underlying a legal theory rather than just implementing it. Furthermore, because the
ratio decidendi is the decision component that must be identified while adopting a precedent,
legal students, academics, attorneys, and judges need expertise in separating the ratio from
general remarks.

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