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Prospective Overruling

Judicial Orders, Injunctions & Precedents

Definition

An American legal doctrine adopted in Indian jurisprudence (Golaknath and affirmed in Indra Sawhney), where a superior court declares an earlier interpretation invalid, but directs that the new ruling shall apply strictly to future cases, leaving past concluded transactions intact.

Example

In Baburam v. C.C. Jacob, the Supreme Court applied prospective overruling to preserve the administrative appointments and promotions made under a state service rule prior to the date of the judgment striking down that rule.