AIR 2007 SUPREME COURT 1034 ::2007 AIR SCW 826 ::2007 LAB. I. C. 950 ::2007 (2) AIR Kar R 468 ::(2007) 113 FacLR 21 ::(2007) 1 Ker LT 833 ::2007 (3) SCC 557 ::(2007) 2 Scale 262 ::(2007) 3 ServLJ 262 ::2007 (1) LabLN 748 ::(2007) 2 AndhLD 51 ::2007 (1) SCT 796 ::2007 (2) ServLR 467 ::2007 (1) Supreme 996 ::(2007) ILR(ker) 2 SC 609

Supreme Court Of India

(From : Kerala)

Hon'ble Judge(s): Satya Brata Sinha, Markandeya Katju , JJ

Constitution of India , Art.142, Art.16, Art.32, Art.226— Prospective overruling - Applicability of doctrine - Service matters - Subsequent decision overruling earlier view - Does not always have prospective operation - It has prospective operation only if it is categorically stated to operate prospectively. The law declared by a Court ordinarily affects the rights of the parties. A Court of law having regard to the nature of adversarial system of our justice delivery system exercises adjudicatory role. Legal consequences are determined in respect of the matters which had taken place in the past. It may be true that when the doctrine of stare decisis is not adhered to, a change in the law may adversely affect the interest of the citizens. The doctrine of prospective overruling although is applied to overcome such a situation, but then it must be stated expressly. The power must be exercised in the clearest possible term.(Para 18 19) In service matters,SC on a number of occasions have passed orders on equitable consideration. But, the same would not mean that whenever a law is declared, it will have prospective effect only because it has taken a different view from the earlier one. In those cases it is categorically stated that it would have prospective operation. The law declared by a Court will have a retr....