In the Golaknath case (1967), the Supreme Court introduced the doctrine of prospective overruling, stating that its decision would apply only to future cases and not invalidate past amendments. This doctrine was used to limit the retrospective effect of the judgment, which held that Parliament could not amend Fundamental Rights.
Doctrine of Prospective over-ruling was approved for the first time in Constitutional interpretation in the case of:-
Asked in Civil Judge (Junior Division) Exam 2014 · Topic: Constitutional Amendments (Historical Evolution of Amending Power: Major cases and their contribution to the doctrine of basic structure)
More Indian Polity and Governance questions
- Match the List I with List II and select correct answer List I (a) Fourth Constitution Amendment was caused (b) 24th Amendment Act, 1971 (c) 25th Amendment Act, 1971 (d) 26th Amendment Act, 1971 List II (1) To remove the effect of decision in state of W. Bengal v Bella Banerjee, AIR 1954 SC, 170 (2) To remove effect of decision of S.C. in Golaknath v Punjab state AIR 1967 SC, 1643 (3) Caused due to decision of S.C. in R.C. Cooper v. U.O.I., AIR 1970 SC 564 (4) Caused due to S.C. decision in Madhav Rao Scindia v. U.O.I. AIR 1971 SC 530
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