What is Doctrine of perspective overruling
The Doctrine of Prospective Overruling originated in the American Judicial System. It dictates that a decision made in a particular case would have operation only in the future and will not carry any retrospective effect on any past decisions.
This doctrine was first invoked in India in the case of Golak Nath v. the State of Punjab by Chief justice Kokka Subba Rao.
As per the Doctrine of Overruling, the court can develop a better law in place of an existing one, but that new law will only be effective in future cases and will have no retrospective effect. The current case (during which the court came up with the new law) will be decided based on the old law. )
The doctrine of prospective overruling states that the court is duty-bound to announce a “new and better” rule in place of an old, unscientific or condemned rule. However, the doctrine also states that the new rule would not affect any past court judgments.
Comments
Post a Comment