Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
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.