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Prospective Overruling in Constitutional Writs

Prerogative Writs & Extraordinary Remedies

Definition

The power of the Supreme Court in writ proceedings to declare a statutory provision or earlier interpretation unconstitutional while directing that the invalidation will take effect only from the date of the judgment onward.

Example

In I.C. Golaknath v. State of Punjab, the Supreme Court applied prospective overruling, holding that Parliament could not abridge Fundamental Rights, but preserved prior amendments (1st, 4th, and 17th Amendments) to protect concluded land reforms.