Stare Decisis, Ratio Decidendi, and Obiter Dicta in Nepal Law
Exam Snapshot
These three concepts are fundamental to jurisprudence and case law, frequently appearing in the TU LLB entrance exam. Expect questions defining each term, identifying their binding nature, and distinguishing between them.
Core Concept
- Stare Decisis: The doctrine of "standing by things decided." Courts must follow principles established in previous judicial decisions when dealing with similar cases.
- Ratio Decidendi: The "reason for the decision." This is the binding part of a judicial precedent (the legal principle applied to the material facts).
- Obiter Dicta: "Things said by the way." Observations or remarks not essential to the decision. They are persuasive but not legally binding.
Nepal Law Anchors
- Article 128(4) (Constitution of Nepal): The legal principle propounded or the law interpreted by the Supreme Court is binding on all courts and judicial bodies.
Confusable Terms
| Feature | Ratio Decidendi | Obiter Dicta |
|---|---|---|
| Nature | Binding precedent | Persuasive only |
| Necessity | Essential for the decision | Not essential |
| Scope | Legal rule applied | Collateral comments |
MCQ Traps
- Binding nature: Remember: ratio is binding, obiter is persuasive.
- Scope: Don't confuse ratio (binding legal principle) with obiter (persuasive commentary).
Example
A court rules that a contract is void due to duress. The judge also mentions that contracts should generally be signed in ink.
- Ratio: The ruling that duress voids the contract (binding).
- Obiter: The comment about ink (persuasive, not binding).
Memory Hook
- Ratio = Reason, Rule, Relevant.
- Obiter = Optional, Opinion.
Quick Revision
- Stare Decisis: Courts follow past decisions.
- Ratio Decidendi: The binding legal rule.
- Obiter Dicta: Persuasive commentary.
- Nepal Law: Art. 128(4) mandates adherence.