overruling
Overruling occurs when a court of higher authority, or a larger bench of the same court, holds that the rule of law laid down in an earlier case was wrong. The overruled decision ceases to be a binding precedent. It differs from reversal, where an appellate court sets aside the decision in the same case, and from distinguishing, where a court finds the earlier case different on facts.
Overruling is ordinarily retrospective, since the court declares what the law always was. The Supreme Court adopted prospective overruling in Golak Nath, applying the new rule only to future cases so as not to disturb past transactions. The Supreme Court is not bound by its own earlier decisions and may overrule them by a larger bench.
Example
Kesavananda Bharati overruled Golak Nath on whether Parliament could amend fundamental rights.
In Indian law
- I.C. Golak Nath v. State of Punjab, 1967 INSC 45: prospective overruling
- Article 141, Constitution of India
See also
prospective overruling · precedent · stare decisis · per incuriam
Read more in the study notes
- Rule of law and droit administratif (Administrative Law)
- Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)
- Arbitration: meaning, kinds and salient features of the 1996 Act (Alternative Dispute Resolution Systems)
- Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)
- Abetment of suicide, organised crime and terrorist act (Bharatiya Nyaya Sanhita)
- Dying declarations (section 26(a)) (Bharatiya Sakshya Adhiniyam)