Difference between Original Precedents and Declaratory Precedents

Read this article to find out what are the difference between Original Precedents and Declaratory Precedents?

Original Precedent

  • Meaning: an original precedent is one which creates and applies a new rule.
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  • Examples: (a) Bhimsingh vs. JK Government in this habeas corpus case Bhimsingh, an M.L.A. was detained by JK police. The Supreme Court ordered State Government to release him and to pay Rs. 50,000/- towards compensation. It is the best example of original precedent. (b) Ashby vs. White case is an example of original precedent for “injuria sine damnum”.
  • It creates a new rule.
  • The number of original precedents is small.
  • Original precedents develop in law in the country.
  • Original precedent is a new law created and followed in the future.
  • Original precedent is greater than declaratory precedents.
  • There is a heavy burden and task mental tension on the judge who pronounces original precedents to interpret the new situations.

Declaratory Precedents

  • MEANING: A declaratory precedent is one which is merely the application of an already existing rule of law.
  • Example: Bhavasagar vs. State of A.P. 1993. The High Court of Andhra Pradesh followed the rule enunciated in Bhimsingh’s case. Bhavsagar, a merchant in Hyderabad, was arrested by police illegally. Disposing the Habeas Corpus petition, the High Court ordered the state to release Bhavsagar and to pay Rs. 20,000/- towards the compensation. It is the best example for the declaratory precedent.
  • It follows it. Because it is already law.
  • The number of declaratory percents is more numerous.
  • Declaratory precedents merely follow the original precedents.
  • Declaratory precedent is already a declaratory law and follows in present and future.
  • Declaratory precedent is also a good source of law. However, when it is compared with original precedent. It comes second to it.
  • The judge, who follows declaratory precedents, feels less strain and task. Because he passes on the road already built in. it is merely the application of an already existing rule of law.
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