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prospective overruling

English · Jurisprudence and interpretation

Meaning. Overruling an earlier precedent only for the future, so that past transactions decided under the old law stay valid.

Normally, when a court overrules an earlier decision, the new rule is treated as having always been the law and applies retrospectively. Under prospective overruling, the court declares the correct law but makes it operate only from the date of the judgment, protecting transactions and decisions settled on the basis of the old view.

The Supreme Court first applied the doctrine in Golak Nath (1967), holding that Parliament could not amend fundamental rights, but only for the future, so that earlier land reform amendments remained valid. It drew the power from Articles 32, 141 and 142. The doctrine came from American law; it is used sparingly and only by the Supreme Court in constitutional matters, though it has been extended to other questions.

Example

By applying prospective overruling, the Court saved the earlier constitutional amendments while laying down the new rule for future amendments.

In Indian law

See also

overruling · precedent · retrospective operation · stare decisis

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