⏰➡️ Doctrine of Prospective overruling


📰 Origin-
🇺🇸 U.S.A. Supreme court in
Chevron Oil Company v. Huson, 1971
🇮🇳 Indian Supreme court-
Golaknath v. State of Punjab, 1967
(how 1971 judgment inspired 1967 judgment that I have not researched ask CJI)

✅ Meaning and Objective

“The doctrine of prospective overruling is applied when a constitutional court overrules a well-established precedent by declaring a new rule but limits its application to future situations. The underlying objective is to avert injustice or hardships.”

🏋️‍♀️ Golaknath Practical approach—
CJI K Subba Rao noted that allowing a retrospective application of the decision would create chaos and upset the country's stability considering that many State agrarian laws were enforced by relying on the overruled precedents.


📝 Essential Rules— (V.IMP)
1. It can only be used for matters related to the Constitution.
💯 2. Only the Supreme Court can apply this doctrine.
3. The court can decide how far back in time the new ruling should apply.



📌 7 Object based on Precedent Analysis

1. Power derived from Article 142.
2. It is applied by this Court while overruling its earlier decision, which was otherwise final. It has also been applied when deciding on an issue for the first time.

3. The object is to validate all the actions taken before the date of declaration in the larger public interest. The doctrine does not validate an invalid law, but the declaration of invalidation takes effect from a future date.

4. Cases that have attained finality are saved because doing otherwise would cause unnecessary and avoidable hardships.

5. It is applied to bring about a smooth transition of the operation of law without unduly affecting the rights of the people who acted upon the overruled law.

6. It is a device innovated to avoid:
(i) reopening settled issues,
(ii) refund of amounts collected under invalid legislation, and
(iii) multiplicity of proceedings.

7. It is applied to avoid social and economic disruptions and give sufficient time to the affected entities and institutions to make appropriate changes and adjustments.

Mineral Area Development Authority v. M/S Steel Authority Of India & ors, 2024

@CurrentLegalGK

Right Of The Victim To Get Free Copy Of The FIR Under BNSS
https://www.livelaw.in/know-the-law/victim-right-to-free-fir-copy-under-bnss-280641

✓ BNSS Section 173(2) : A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant "or" the victim.

✓ Free of Cost issue: If a copy is given to informant then whether it is necessary to give it to the victim as well

@CurrentLegalGK

Legal Notes by Arvind Datar: Sub-silentio and the law of precedents
https://www.barandbench.com/columns/legal-notes-by-arvind-datar-sub-silentio-and-the-law-of-precedents

Legal Notes by Arvind Datar: Per Incuriam and Article 141
https://www.barandbench.com/columns/legal-notes-by-arvind-datar-per-incuriam-and-article-141

Hand Book of Copyright Law
https://copyright.gov.in/documents/handbook.html

" This book is not a substitute for the Copyright Act and Rules. It is intended to serve as an information booklet for enforcement agencies as well as the general public."

@CurrentLegalGK

Kumbh Mela, explained: Its mythology, history, astrology, and why millions flock to it 🔗
#explained_culture #express_explained #maha_kumbh_mela_2025

After 144 Years, the Mahakumbh with estimated pilgrims over 40 Crores to come at prayagraj.

Read the Background and the essence of what happens in the event.

Next will be around in the year 2168-69.

@CurrentLegalGK

Article 21 & Right to travel Abroad is affected by the ranking of passport.

comment ✈️

@CurrentLegalGK

Mistrials : why and how has this concept emerged - iPleaders
https://blog.ipleaders.in/mistrials-concept-emerged/

#Discernible_topics@CurrentLegalGK

Creamy Layer Exclusion From SC/ST Reservation To Be Decided By Executive/Legislature : Supreme Court Refuses To Entertain Plea
https://www.livelaw.in/top-stories/supreme-court-plea-seeking-direction-to-mp-govt-to-frame-policy-for-exclusion-of-creamy-layer-from-sc-st-reservation-withdrawn-280573

@CurrentLegalGK

“Reservation is not mandatory. It is for the executive and for the legislature to provide reservation or not. It is an enabling provision. We have given our view taking into consideration the past 75 years...such of the persons who have already availed benefit and are in a position to compete with others should be excluded from reservation. But it is a call to be taken by the executive and the legislature."

Important Opinion in current Reservation debates.

SANTOSH MALVIYA v. STATE OF MADHYA PRADESH, 2025

👨‍⚖️👮‍♀️👨‍💼 Go to Playlist and watch interviews of judges, eminent lawyers, politicians, persons who are famous in their field.

eg. Glanville Austin, TN seshan, ruskin Bond, justice liela seth etc...

https://youtube.com/@rajivmehrotraofficial?feature=shared

YouTube

Developing opinions on societal issues will help you a lot in addressing not only help in essays but also in Interview, you will feel confident, your personality will reflect it.

If you have something documentary etc. to share please do that in comments 😉

Diverse opinions of diverse authors with a pinch of your salt (reasoning)

@CurrentLegalGK

Know The Law | When Can Part Performance Of Contract Be Allowed As Per Section 12(3) Specific Relief Act?
https://www.livelaw.in/supreme-court/know-the-law-when-can-part-performance-of-contract-be-allowed-as-per-section-123-specific-relief-act-280749

As per Section 12(3) of the SRA, for claiming a part performance of the contract, the plaintiff either needs to relinquish the claims associated with the unperformed part of the contract or express readiness and willingness to perform the contract by making full payment of the agreed consideration for the contract

Customer Feedback On Social Media Platforms Like 'X' Acceptable Mode Of Registering Complaints Against Service Provider: Telangana HC
https://www.livelaw.in/high-court/telangana-high-court/telangana-high-court-social-media-complain-poor-quality-food-railway-vendor-license-cancellation-280747

Petitioner is a food lisencee holder with Railways.

✨ Facts:
1. Complaints about the petitioner’s catering service were posted on social media platform X (formerly Twitter).
2. The complaints alleged substandard food quality, overcharging, and vendor misconduct.
3. The South Central Railway acted on these complaints, treating them with seriousness and issuing warnings to the petitioner.
4. The petitioner contended that social media complaints should not be considered equivalent to formal complaints as per the contract.

✨ Issue:
Whether complaints made on social media (X) can be treated as valid and serious complaints under the contractual obligations governing the license agreement.

✨ Held- The complaints on social media cannot be seen as lacking in gravity as opposed to formal written complaints. Complaints/customer feedback on social media is an accepted mode of registering complaints against a service provider and the petitioner cannot adopt an ostrich policy in today's time on the pretext that social media complaints do not deserve to be treated with seriousness."

@CurrentLegalGK

Principles To Evaluate Circumstantial Evidence In Criminal Cases : Supreme Court Explains
https://www.livelaw.in/top-stories/principles-to-evaluate-circumstantial-evidence-in-criminal-cases-supreme-court-explains-280771