Doctrine of Prospective Overruling: an Analysis
Year: 2025
Type: article
Abstract: The doctrine of prospective overruling is a legal principle where a court’s ruling is applied to future cases, without affecting past transactions. Originating in American jurisprudence, it challenges the Blackstonian view that judges merely interpret laws rather than create them. The concept gained traction in India through the landmark case of “I.C. Golaknath v. State of Punjab”1 (1967), where the Indian Supreme Court employed this doctrine to ensure that new rulings do not disrupt settled matters, providing a smooth transition without injustice to parties who relied on previous laws. Prospective overruling allows courts to overturn precedent and establish new legal principles without retroactively affecting decisions made before the judgment. While beneficial in avoiding legal instability and promoting judicial creativity, the doctrine has limitations. It applies only in cases involving constitutional interpretation and can be enforced solely by the Supreme Court. Critics argue that it creates uncertainty by acknowledging that laws deemed unconstitutional in the present remain valid for past cases. However, the doctrine ensures fairness by allowing time for adaptation to new legal standards and prevents disruption of prior decisions. By limiting retroactive application, prospective overruling ensures justice while accommodating evolving societal needs, making it a critical tool in constitutional law.
Author: Tiwari, Shiva
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7090194810
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