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Posted by / 26-Sep-2017 19:29

Two reasons invalidating legislature

In this effort of theirs, there are instances when courts have themselves have invoked and laid down effective principles which will guide them in their endeavor and the above doctrine bears testimony to this point. Jacob , all the subordinate courts are bound to apply the law to future cases only.The essence of prospective overruling is that the Supreme Court lays down the parameters within which a law laid down in a case which overrules a previous judgment has to operate. There may also be instances where the Supreme Court may specify the date when the declaration shall come into effect thereby not disturbing the decisions taken before such a date.The whole purpose is to avoid reopening of settled issues and also prevent multiplicity of proceedings; in effect, this means that all actions prior to the declaration do not stand invalidated. All this happens during the process of invalidating a law or overruling a decision. State of Punjab , that the then Chief Justice Subba Rao had first invoked the doctrine of prospective overruling.

The expression "declared" is wider than the words "found or made" wherein the latter involves giving an opinion.

Now, the concept of Prospective Overruling, as the title of the project reflects, is a deviation from the principle of retroactive operation of a decision and thus, a deviation from the traditional Blackstonian principle too.

This principle, borrowed from the American Constitution, found its application first in the famous case of Golaknath v. To illustrate, in very simple words, the implication of the invocation of the doctrine is that the decision of such a case would not have retrospective operation but would operate only in the future, i.e., have only prospective operation.

This, in essence, is what is meant by Balckstonian principle wherein he says that judges do not make law, but only declare the law.

Thus, we see that the decalraratory theory supports retroactive operation of a precedent.

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Canfield, Robert Hill Freeman, John Henry Wigmore and Cardozo had considered this doctrine to be an effective judicial tool.