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SC Caution on Routine Invocation: The Supreme Court recently emphasized that using the Doctrine of Prospective Overruling should not be a routine practice. Courts must carefully consider if the circumstances truly warrant it.
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Definition: The Doctrine allows courts to
apply legal decisions only to future cases. Past actions and judgments under the old law remain unaffected. -
Purpose: It prevents penalizing
those who acted based on previous legal interpretations when the law is reinterpreted. It aims to ensure fairness and avoid legal chaos. -
Contrast to Retrospective Rulings: This is in contrast to retrospective rulings. Retrospective rulings apply the new interpretation of the law to both past and future cases.
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Deviation from Blackstonian View: It deviates from the traditional view that courts should only expound the old law, not create new ones.
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Global Adoption: The doctrine originated in American jurisprudence and is used in countries like India and the UK.
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Indian Jurisprudence – I.C. Golaknath vs. State of Punjab (1967): The Supreme Court formally introduced the doctrine to Indian law in this landmark case.
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Avoiding Reopening Settled Issues: The doctrine prevents reopening already settled legal matters and avoids a multiplication of legal proceedings.
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Binding on Subordinate Courts: Subordinate courts must apply the new law only to future cases.
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SC’s Power to Set Effective Date: The Supreme Court can specify when a new ruling takes effect. This protects decisions made before that date.
