Doctrine of prospective overruling|golak nath case|doctrine of prospective overruling in india||

Hi guys
Here i bought you another topoc fron constitutional law , doctrine of prospective overruling.
Meaning
The literal meaning of the term 'overruling' is to overturn or set aside a precedent by expressly deciding that it should no longer be controlling law. Similarly 'prospective' means operative or effective in the future. So, combined together, prospective overruling means construing an earlier decision in such a way that it would not have a binding effect to the parties of the original suit or to the cases decided on the basis of that judgment, and yet changing the law, applying it only prospectively to the future cases.
Doctrine of Prospective Overruling originated in the American Judicial System.
Cardozo J. who is known as the originator and propounder of Prospective overruling.
He laid down this doctrine in the case of Northern Railway v. Sunburst Oil and Refining Co.
The doctrine of prospective overruling was for the first time adopted in the case of Golak Nath v. State of Punjab. Since then it has been applied in many case laws.
#doctrineofprospectiveoverruling
#prospectiveoverrulinginhindi

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