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Item Open Access Efficacy of Doctrine of Precedent: Analysing of the Common and Civil Law Countries with Reference to India(University of North Bengal, 2023-09) Dhar Chakraborty, Paramita; Misra, BibhabasuFamous jurist Salmond, explained precedent as ounce of gold in tons of unnecessary material in a Judgement. He opined; the legislations are coins ready to be used in a realm. Precedents are creative interstitial (filling up gap in legislation and declaring guidelines in absence of legislations) law making by the Judges, which are flesh and blood in a statutory skeleton. Precedents are primary source of law, in the common law countries like India.3 However in Civil law countries, as for example in continental Europe, precedents are not as strong as in common law countries. In Civil law countries, as for example in France, there are exhaustive codes, like French Criminal Procedure Code. Judges in Civil law Countries most of the time need not to be creative as in common law countries. The main sources of law in Civil law countries, as for example in France, are legislations, edicts of Courts and Juristic opinion. The edicts of Court, rarely has values of precedent. Though Higher Courts’ jurisprudence needs to be followed by the lower Courts. In common law countries, it is a pain to identify the precedent/ obiter dicta in a voluminous Judgment. In Civil law Countries, there is no such pain, as judges are hardly expected to interpret. They are expected only, to apply the law to a fact. A comparative analysis of doctrine of precedent, in Common law Countries and Civil law countries, are worthy of analysis, as it will help us to iron out creases in our legal systems, and we can incorporate the beneficial qualities from the Civil legal system.Item Open Access Executive Power to Undo Punishment vis-à-vis Doctrine of Precedent(University of North Bengal, 2021-09) Dhar Chakraborty, ParamitaOne of the powers which have been conferred on the President and Governor of India is the Power of Pardon. Article 72 and Article 161 of the Indian Constitution confers this power on the President and Governor respectively which is to be exercised with a sense of responsibility. A kind of check over misuse of this extraordinary power by the hands of the executive organ of the State is provided through the power of judicial review. The main purpose of the pardoning power of the Executive is to provide a human touch to the judicial process. The very purpose of mercy provisions will be defeated if this human touch is not exercised in a proper way. This paper made an effort to discuss factors influencing the commutation of sentencing and the issues to get a complete understanding of the pardoning power under the Constitution of India.