Prospective Overruling

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.

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.

Deviation from Blackstonian View: It deviates from the traditional view that courts should only expound the old law, not create new ones.

Global Adoption: The doctrine originated in American jurisprudence and is used in countries like India and the UK.

Indian Jurisprudence – I.C. Golaknath vs. State of Punjab (1967): The Supreme Court formally introduced the doctrine to Indian law in

Avoiding Reopening Settled Issues: The doctrine prevents reopening already settled legal matters and avoids a multiplication of legal proceedings.

Binding on Subordinate Courts: Subordinate courts must apply the new law only to future cases.

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.