legal maxim

The maxim “Nova Constitutio Futuris Formam Imponere Debet, Non Praeteritis” basically means that a new law which has been formed cannot be retrospective in nature and neither can be applied to past instances. It is a general rule of Law that all the statutes which are passed by the legislature have a prospective nature. Laws are always said to be evolving with the society and thus what laws are made today cannot be applied to instances which have occurred earlier. People are always assumed to have been acting according to the prevalent laws thus, making a new law so as to look into the actions of the past will be wrong. This maxim comes into play when there is a vague language use in the statute which the judiciary has difficulty in interpreting. Judiciary says that unless there is an explicit mention related to the retrospective nature of an act, it shall not be interpreted in that manner.

Keshavan Madhavan Menon v. State of Bombay

The issue in this case related to whether or not the Fundamental rights were retrospective or prospective in nature. The petitioner was the Secretary of people’s Publishing House and had published an article called “Railway Mazdooran ke khilaf nai zazish”. This article was in violation of the Indian Press (Emergency Powers) Act, 1931. When the case was filed in 1949, our Constitution had not come into force but when the hearing took place, it was March, 1950 and by then the Indian Press (Emergency Powers) Act, 1931 was in violation of Article 19(1)(a) and 13 of the Indian Constitution. The Apex Court applied the maxim of Nova Constitutio Futuris Formam Imponere Debet, Non Praeteritis and dismissed the appeal on the grounds that the Constitution was not retrospective in nature, but rather prospective and hence it was not possible to apply the articles of the Constitution on a case which was filed before the Indian Constitution came into force.

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The Latin maxim "Nova Constitutio Futuris Formam Imponere Debet, Non Praeteritis" translates to "A new law ought to impose rules for the future, not the past." This principle reflects the notion that legal changes should generally apply prospectively, affecting future actions and events, rather than retroactively altering past conduct. Here are a few incidents where this maxim finds its usage:

1. Criminal Law: In the field of criminal law, the maxim serves as a fundamental principle. It ensures that individuals are protected from being punished for actions that were lawful at the time they were committed. For example, if a particular behavior is decriminalized through a legislative amendment, it is generally applied only to future cases. This prevents the retroactive application of the law to individuals who engaged in that behavior before the change. The principle upholds the concept of fairness and the presumption of innocence by preserving legal expectations and preventing arbitrary punishment. minecraftle game
2. Taxation: The maxim also plays a significant role in taxation. When tax laws are revised or updated, they are typically implemented to govern future tax liabilities rather than retroactively altering previous tax obligations. For instance, if the government introduces a new tax regime or amends existing tax rates, it is generally applied to future financial transactions and income earned after the effective date. This ensures predictability and stability in tax systems, allowing individuals and businesses to plan their finances accordingly without sudden retroactive tax burdens.
3. Contractual Obligations: The maxim is applicable in contractual disputes as well. When parties enter into a contract, they do so with an understanding of the legal framework and obligations at the time of agreement. If a change in law occurs during the performance of the contract, the principle dictates that the new law should not retroactively alter the contractual rights and obligations that were valid at the time of contracting. This protects the parties' reasonable expectations and prevents unfair modifications to the terms of the agreement.