Amendment Act ,, 1964-Whether
invalid for contravention of Art. 13(2).
Prospective overruling, doctrine of-Vast agrarian changes
under constitutional amendments-Necessity of preserving past ... case for the application of the doctrine of
"prospective. overruling, evolved by the courts in the
United States of America
SINHA, J :
Leave granted.
Application of the doctrine of prospective overruling in service
matters is in question in these appeals which arises ... take into consideration that in service matters ordinarily
doctrine of prospective overruling would apply. Reliance in his behalf has
been placed on Managing Director ECIL
understood as entitling
the appellants to retain the vend fee despite prospective
overruling because those who have paid the vend fee for the
same period ... give effect to its
declaration prospectively. It is not possible to accept
that such an order of prospective overruling is contrary to
law. An invalid
High Court
has taken the view that the doctrine of prospective overruling could be
invoked only by the Apex Court and not by other Court ... heard learned counsel for the parties at length. The doctrine
of prospective overruling has its origin in American jurisprudence. It was
first invoked in this
understood as entitling
the appellants to retain the vend fee despite prospective
overruling because those who have paid the vend fee for the
same period ... give effect to its
declaration prospectively. It is not possible to accept
that such an order of prospective overruling is contrary to
law. An invalid
whether the decision in
question will operate prospectively. In other words,
there shall be no prospective overruling, unless it is
so indicated in the particular ... whether the
decision in question will operate prospectively. In
other words, there shall be no prospective
overruling, unless it is so indicated in the particular
advance the interests of justice. The doctrine of prospective
overruling is in essence a recognition of the principle that the
Court moulds the reliefs claimed ... apply
its decision prospectively, i.e., from the date of its judgment to
save past transactions.”
86. The Doctrine of prospective overruling began its innings
whether the decision in
question will operate prospectively. In other
words, there shall be no prospective overruling,
unless it is so indicated in the particular ... whether the decision in
question will operate prospectively. In other
words, there shall be no prospective overruling,
unless it is so indicated in the particular
declared by the Supreme Court should apply prospectively. On the principle of prospective overruling, Mr. S. C. Khare supplemented the argument by saying that ... overruling decision will operate in the future only and will not even be operative upon the parties to the overruling case.
16. 'Prospective overruling
fundamental rights. However, to save the past
transactions, the doctrine of prospective overruling was
invoked and the judgment was given prospective operation.
The following propositions ... made prospectively applicable subsequently by a
different bench of this Court. The doctrine of prospective
overruling was applied to Indian law in Golak Nath (supra
