Doctrine of Prospective Overruling

Doctrine of Prospective Overruling Latest News

The Supreme Court in its recent Judgment, emphasised that the invocation of the Doctrine of Prospective Overruling or the Attribution of Prospectivity to a decision must not be resorted to in a routine manner without the Court satisfying itself that the circumstances demand such a solution.

About Doctrine of Prospective Overruling

• It allows courts to apply legal decisions only to future cases, without affecting past actions or judgements made under the old law.
• This doctrine ensures that individuals or entities who acted in reliance on a previous legal rule are not penalized when the law is reinterpreted or overruled. 
• It contrasts with retrospective rulings, where the new interpretation of the law applies to both past and future cases. 
• It is a deviation from the traditional Blackstonian view of law, viz., the duty of the Court was “not to pronounce a new rule but to maintain and expound the old one”.
• The doctrine was first recognized in American jurisprudence and has been adopted in countries like India and the UK. 
• Its primary goal is to ensure fairness and avoid legal chaos by maintaining stability in past legal transactions while allowing the law to evolve.
• Indian Jurisprudence on the Doctrine of Prospective Overruling:
  • The doctrine of prospective overruling was introduced into Indian jurisprudence by the Supreme Court in the landmark case of I.C. Golaknath vs. the State of Punjab (1967). 
  • This case marked a turning point in Indian constitutional law, as the Supreme Court explicitly recognised and applied the doctrine for the first time.
  • The whole purpose of the doctrine is to avoid reopening settled issues and also prevent multiplicity of proceedings; in effect, this means that all actions prior to the declaration do not stand invalidated.
  • All the subordinate courts are bound to apply the law to future cases only. 
  • There may also be instances where the Supreme Court may specify the date when the declaration shall come into effect, thereby not disturbing the decisions taken before such a date. 
  • All this happens during the process of invalidating a law or overruling a decision.

Source: VERDICTUM

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