Doctrine of Prospective Overruling
Doctrine of Prospective Overruling
What is it?
The Doctrine of Prospective Overruling is a judicial principle where a court, while overruling a previous legal decision, makes the new ruling applicable only for future cases and not for past cases.
Why is this doctrine used?
To avoid chaos or injustice that could result if a new legal rule were applied retrospectively.
It ensures legal stability and certainty, allowing people to adjust to the new rule.
Prevents harsh consequences for acts done under the old rule which was valid at that time.
Key Features:
| Feature | Explanation |
|---|---|
| Non-retrospective effect | The new ruling applies only to future cases. |
| Overrules earlier law | The court changes or corrects a previous decision. |
| Promotes fairness | Protects parties who acted in good faith under old law. |
| Judicial discretion | Courts decide whether the new ruling should be prospective. |
Origin and Usage:
The doctrine originated in American jurisprudence but is now well-accepted in India.
It is not a rigid rule but a discretionary tool used by courts.
It balances between the doctrine of precedent (stare decisis) and justice.
Example from Indian Law:
In K.S. Puttaswamy v. Union of India (2017) (Right to Privacy case), the Supreme Court applied prospective overruling to certain parts of previous judgments.
Courts have used it in cases where applying a new rule retrospectively would cause hardship.
Summary Table
| Aspect | Explanation |
|---|---|
| Purpose | To avoid retrospective injustice |
| Effect on past cases | No effect on past cases or transactions |
| Effect on future cases | New law applies to future cases |
| Jurisdiction | Used by Supreme Court and High Courts |
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