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Prospective Operation of Statute

Submitted By :-
Amit Kumar
BBA. LL.B
Semester-VII, Roll-1007

Submitted To:-

Prof. Dr. S. Ali Mohammad

( Rough Draft submitted in partial fulfilment for subject ISPL)

CHANAKYA NATIONAL LAW UNIVERSITY


Introduction
Coke Maxim: A new law ought to be prospective, not retrospective in its operation.
The dictionary meaning of the word prospective with reference to statutes shows that it is
concerned with or applying the laws in future or atleast from the date of commencement of
the statute. Whereas the word retrospective when used with reference to an enactment may
mean:
1. Effecting an existing contract or
2. Reopening of the past , closed and completed transactions, or
3. Affecting accrued rights and remedies, or
4. Affecting procedure.
The retrospective operation of an enactment may mean one thing and its affecting the rights
of parties another. Normally, an enactment is prospective in nature. It does not affect that
which has gone, or completed and closed up already. Ordinarily, the presumption with
respect to an enactment is that, unless there is something in it to show that it means
otherwise, it deals with future contingencies, and does not annul or affect existing rights and
liabilities or vested rights, or obligations already acquired under some provisions of law
although its effect is that it does not affect an existing right as well. If an enactment expressly
provides that it should be deemed to have come into effect from a past date, it is retrospective
in nature. It then operates to affect existing rights and obligations, and is construed to take
away, impair or curtail, a vested right which had been acquired under some existing law.

Research Methodology
The researcher has primarily relied on the Doctrinal Method. The research is based on
comprehensive study of sources which are primarily study of various books, other web
resources, news articles etc. Analytical, critical and Comparative methods are used as major
tools of study in support of the arguments.

Objectives of Study:
The objectives of the study are to know in detail about the prospective operation of
statute.
To know the difference between prospective and retrospective operations.
Tentative Chapterisation
Chapter 1: Introduction

Chapter 2: Prospective Operation of Statute.

Chapter 3: Doctrine of Prospective Overruling .

Chapter 4: Distinguishing Prospective and Retrospective Operations.

Chapter 5: Conclusion

Research Questions

1. What is meant by prospective operation of Statute ?


2. What is retrospective operation of Statute ?

Hypothesis

The researcher hypothesizes that ordinarily, a legislature has power to make prospective laws,
but Art.20 of the Indian Constitution, 1950 provides certain safeguards to the persons accused
of crime and so Art. 20(1) of the Indian constitution imposes a limitation on the law making
power of the constitution. It prohibits the legislature to make retrospective criminal laws
however it does not prohibit a civil liability retrospectively i.e. with effect from a past date.

BIBLIOGRAPHY

1. Interpretation of Statutes , Rosedar S R A (2014) , Lexis Nexis

2. Principles of Statutory Interpretation, Justice G P Singh , 14th edition,


Lexis Nexis

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