Published on 13 Oct 2025
The Supreme Court recently clarified on the correct application of the doctrine of prospective overruling in judicial verdicts.
The doctrine of prospective overruling is a principle that allows a court to overturn a previous legal interpretation but declare that the new ruling will apply only to future cases and not to past actions or pending litigation
However, the Supreme Court now says that when a new judgment overrules an old one, it is by default retrospective — meaning it applies to past and pending cases unless the Court explicitly states that it is to apply prospectively only.
The Court noted that when an earlier precedent is overruled, it does not amount to laying down a new law, rather, the Court is merely interpreting the law correctly or refining the existing law to better reflect the true intent and objective envisioned by the legislature.
In India, the doctrine was first applied in the landmark case of Golak Nath v. State of Punjab (1967).
The Supreme Court draws its authority to invoke this doctrine from Article 142 of the Constitution, which empowers the Court to pass any order required to ensure complete justice in a case before it.
Doctrine of Prospective Overruling
Supreme court
Judiciary
judicial verdict
Due process of law
Golak Nath v. State of Punjab case
Article 142
Justice