Question

The Doctrine of "Prospective Overruling" was propounded in which case?

• A. Keshavananda Bharati v. State of Kerala
• B. Minerva Mills v. Union of India
• C. Maneka Gandhi v. Union of India
• D. Golaknath v. State of Punjab

Hint:

"Prospective" means looking forward. "Prospective Overruling" means a court's new decision only affects the future, not the past. Its origin in Indian constitutional law is the Golaknath case.

Answer 1

The Correct Option is D

Step 1: Understand the "Doctrine of Prospective Overruling". This legal doctrine is a tool used by courts. When a court overrules a previous decision or law, "prospective overruling" means the new ruling will only apply to future cases and situations. It will not affect past decisions that were made based on the old law. This is done to avoid chaos and preserve the finality of past transactions.

Step 2: Identify the case where it was first used in India. The Supreme Court of India first adopted and applied this doctrine in the landmark case of I.C. Golaknath v. State of Punjab (1967).

Step 3: Understand the context of the Golaknath case. In this case, the Supreme Court ruled that Parliament could not amend Fundamental Rights. To prevent the invalidation of all previous constitutional amendments that had affected these rights, the court decided that this ruling would only apply prospectively (to the future).