Difference between Authoritative Precedents and Persuasive Precedents

This article contains 6 Differences between Authoritative Precedents and Persuasive Precedents.

Authoritative Precedents

  1. Meaning: An authoritative precedent, as the name itself implies, comes from the superior court, and is followed its subordinate courts.
  2. Cases in which India's Supreme Court will define contours of free ...

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    A judicial precedent of the supreme court of India is authoritative for all the court in India.

  3. It must be followed by the inferior courts whether they approve of it or not. They are bound to follow it.
  4. A judicial precedent of the Andhra Pradesh high court is authorities in relation to other subordinate courts in Andhra Pradesh.
  5. An authorities precedent has a legal claim, recognition, influence and binding force on the inferior courts.
  6. Authoritative precedents are legal sources of law.

Persuasive Precedents

  1. Meaning: persuasive precedent is one which the judges are under no obligation to follow.
  2. A foreign judgment is a persuasive precedent.
  3. The judges peruse and interpret and take the assistance of persuasive precedent, but they are not bound to follow it.
  4. A decision of Tamil Nadu or Karnataka High Court in relation to the Andhra Pradesh High Court is only persuasive.
  5. A persuasive precedent has no legal claim, influence and biding force. It depends for its influence upon its own merits.
  6. Persuasive precedents are merely historical.
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