Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Baskaran Kanakasabai (entrepreneur)     13 July 2010

retrospective or prospective effect of amendments

Which is the law governing(in India) the logic behind deciding whether the effect of an amendment to an existing law is to be retrosoective(if so to what length of time in the past) or prospective?



Learning

 5 Replies

N.K.Assumi (Advocate)     13 July 2010

it all depends on the wording and intention of the Legislature.

1 Like

Suchitra. S (Advocate)     13 July 2010

All Acts have a provision to say whether the Act is retrospective or prospective in effect. There is no separate law for that. And whether an Act is prospective or retrospective depends on the objective/purpose to amend that Act.

1 Like

Bhartiya No. 1 (Nationalist)     13 July 2010

Sir, I do not have knowledge of law. Since I have read it somewhere which I am simply typing which may be useful in this topic.

"A law dealing with procedure in the absence of anything to the contrary is retrospective in operation. On the other hand, statutes taking away, impairing or imperiling substantive rights are ordinarily prospective, and it will be construed to be retrospective only if it is so made either expressly or by necessary implication. Girdhar Das Anandji v. J. M.  Patel. 1971 PLJR 66

 

1 Like

Bhartiya No. 1 (Nationalist)     13 July 2010

Sir, this one is from a judgement which I am simply typing which may be useful in this topic

 

Article 318 saves validity of the Acts enumerated in the 9th Schedule with prospective effect from the date of enactment of the respective laws and not from the date of enactment of Article 318 or the inclusion of the Act in the 9th Schedule or any subsequent amendment of the Constitution. See AIR 1955 SC 47

1 Like

Bhartiya No. 1 (Nationalist)     14 July 2010

Law applies only prospectively unless it has been specifically made retrospective.

Dr Satyadeo Pandey v. State of Bihar, 1999 PLJR 280

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register