INTERPRETATIONOFSTATUTES

3908.
26333908.
(Res)
[Link]'s S.P. ILaw Classes, Pune. lass)
25510256,

P'age:89
INTERPRETATION OF ONSTITUTIONAL

15
Synopsis
DOCUMENTS

1. Introduction
2. Importance of interpretation ofconstitutional documents
3. Things to be taken into consideration while interpreting constitutio
4 Methods of interpretation
5. Interpretation of constitutional document
a) Preamble
b) Fundamental right
c)Directive Principle of State Policy
d) Fundamental duties
e)Legislative relations/Entries
i) Doctrine of Territorial Nexus
ii) Each entry tobeinterpreted breadly
il) Doctrine of Pith and Substance
iv Doctrine of Severability
v) Doctrine of Waiver
vi) Doctrine ofeclipse
vii) Doctrine of implied powers
vii) Doctrine of Colourable legislation
ix) Doctrine of prospective overruling
x) Principle of implied power
xi) Principles of incidental and ancilliary power
xii) Principle of implied prohibition
xii) Principle of occupied filed
Constitutionality of a statute
g) Constitution not retrospective
h) Report of Drafting Committee of Constituent Assembly
Speeches made in Legislature
Constitütion leading to harmonious result
K) Objects and reasonis
3 Conclusion

1. INTRODUCTION
A constitution is the basic fundamental law of the country. It is a supreme law of the country,
omnowers the government of he country to enact the law for the regulation and the governance
of the administration, The constitution or tne country regulates the division and distribution of the
Wers of the govermment amoag i28 various organs exercising the sovereignty of the state. The
Conctitution of the contty ma:23 *R NDIE OT IOUnGation of Govern1nent, The Constitution also

h e nrovision wih rege t

ues of the cstiZen of the country. The provisions of
 INTERPRETATION OF STATUTES

Prof. Pathan's (Class) 25510256, (Res) 26333908.

Pune. Page : 90
S.P. Law Classes,
Constitution. So the
v c , Executive and Judicial organs and their powers are provided in the
Onstution of the country should be construed or interpret as to give effect to all its parts and
provision.
While interpreting the provisions of the Constitution, it is the duty of the Court lo have recourse
nolc instrument, if [Link], to ascertain the true intent and meaning of any particular provision.
eneral principleofconstruction that Constitution have to be exanuined with reference to itsOW
guage when there is need of doing so while interpreting the provision of the Constitution.

2.
MPORTANCE OFINTERPRETATIONOrCONSITTUTIONAL DOCUMENIS
C C O I S d u t i o n o f o u r c o u n t r y r e g u l a t e s the d i v i s i o n a n d d i s t r i b u t i o n o f t h e p o w e r s o r e r ni
m uee
nt

d LUs organs and thus exercises sovereienty of the State. The provisions of iegiae
fthe
C n d judiciary and their powers are providod in the constitution. So the cons ons. A
country should be construed and interpreted as to
give effect to all its pa to Deintcrpreted in
1s to be
ton interpreted in the same manner as any other statute. Itis not
a narroW Sense.

3. TING
THINGS TO BE TAKEN INTO cONSDER ATION WHILE INTERPKEIN
CONSTITUTION-
i) Constitution should not be interpreted in a narrow
in) Constitution should be interpreted
sense.
1)
liberally.
While interpreting constitution every atteinpt should be made to give effect to ue

Constitution máters.

4 METHODS OFINTERPRETATION-
They are two methods of interpretation of statute-
i) Literal method
21, n
04Pply is without any changes.A. K. Gopalan v. State of Madras,1950 SC
une1aw asit
the
[Link] Supreme Court interpreted Art. 21 in a narrow sense which is quite against prineipie
interpretation of constitution.
ii) Liberal method -
597, SC the
Change the law and give it a wider sense. Maneka Gandhi v. Union of India, 1978
Court held that law depriving life and personal liberty must be just fair and reasonable. There is an

inter link in Art. 19 and 21: No article in the constitution can beread in isolation. After Maneka
Gandhi case the view of judges was completely change. They started interpreting
Art. 21 in a wider
Serse and this iead to judicial activism.

5. INTERPRETATIONOF CONSTITUTIONALDOCUMENT
a) Preamble
When the provisions of the Constitutions are ambiguous. the preamble can be refered to for
Cxplaining and elucidating the meaning of the proviSIon because preamble expresses the scope, obiect
snd the pupose of the Constitution.
ratutes are enacted generally to provide remedy, redress a particular mischicf but Constitution
rcted to remove a [Link] intended to lead the whole of nation ina particular
 INTERPHËTATION
OFSTATUTES

Prof. Pathan's S.P. Law (Nes)

26333908.

direction and for a Classes, Pune. Page : 91 ( C l a s s )

25510256,

in the
or
light
correct interpreted
the grand
noble vision [Link] Constitutromun be therefore
read and

expressed
Preamble as a part in the Pream
Preamble.
e Union
and
Erchange

of Enclaves, 1960 1960art

ofof th
the Constitution in Court
Berubari
ofsubsianThe
held that
preamble is not the Supreme tion and is
upreme
-

ition and
not a
source

view.

powers but Supreme

Court in Keshwanand part o Cate of iSeiccted and hen rejected
this

and

preamble of our Bharati Keruholc V. whole

Constitution

Consearch Cenlre,

preamble stands Constitution

of the Research

as a
enacted after
was enacted the enactme
after the Cducation
and

1995, it was held partOurour Constitution. tIn LIC» Consumer

of
ofthe
Constitution.

S.R. Bommai by Supremc remc Court that

pre 1918
preamble
isan integral part
form ot
Union of India. A.l.R. 1994S.C.
v. 108 Democratic

The preamble of the

Constitution.

the
of the
nart of socialjustice
Constitution is integral part
an
socialism,

Govemment, federal:tructure, unity and integrity of the secularis

and
nation,
secularism,

judicial review are basic features of the Constituuo

b) Fundamental right construed broadly

and liberally
must be
Ihe provisions fundamentalrights
onstitutiontouching
VOUT Ofththose on whom the tights have beencontered fundamental rights. These
with the
14 to 35 deal
P t Constitution from Art. in United Nation Constnut
dan
tMn rights are similar to those of
orovisions in Bill ofRights
*Lnental human r1gns.
some difference. Fundamental Riehts are
the basic inherent
wln
Nature of Fundamental Rights:
indamental rights are basic, inherent humanngn
Constitution and guarantee is given by
because they are given by the
4 hey are guaranteed rights,
the Constitution. GoveYnment can violate
it.
No Union or State
11) These are protected rights. person, and sentinel of
the protector, guardian
V)It is erforceable rights,
because Supreme Court is
fundamental rightunderArt32. to Art.13 (2),
righes and makes them justifiable. According
Art.13 gives teth to thefundamental or abridges the
fundamental rights and if such law
in
law, which takes away
the state shali not make any
fundamental right, it will be a void law. Art.32 which
contravention of the said provision violates Court
fundamental right. Therefore, the Supreme
the Constitutional Remedies is itself the
provides
the High Court of the State has to take cognizance
under Art. 32 and under Art.226 of the Constitution,
of petition alleging violation of Fundamental Rights.
because fundamental rights were not put in the Constitutional
V Fundamental rights cannotbe waived
merely for individual benefit, but it was basedonpublic policy:.
vi Some fundamental tights are also available to non-citizen.
vil) Fundamental rights are not absolute. The Govemment on it canimpose reáasonable restrictions.
During emergency some fundamental rights are suspended. Thus, Constitution confers powers
on the Legislature to impose limitations.
vi) The fundamental rights are not all distinct, separate from each other and mutually exclusive
rights. Each right has some relation with another. No article in the Constitution is to be read in
isolation.
 INTERPRETNTIONOF STATUTES
Prof. Pathan's S.P. Law Classes, Pune: P'age:92 (Class) 25510256,(Res) 26333908.
On a careful consideration of the legal and historical aspects of the dircctive principles and the
fundaimental rights, there appears to be conmplcte unanimity of judicial opinion of the various decisions
of the Supreme Court on the point that although the directive principles are not enforceable yet the
Court should make a real attempi at harmnonising and reconciling the directive principles and the
fundamental rights and any collision between the two should be avoided as lar as
possible
c)Directive Principle of State Policy
to
The Directive Principles are the guideline to the Statc. "These are obligations on the sia
VCs
promote the welfareofthe people and toachievecconomic democracy. Dirctive nc
directions to the legislature and executors in India in which they should excrcise their pow
The framer of our Constitution has wisely incorporated these principles, norms for tne tuu

Of the State. The Preamble of our Constitution has laid down the goal of justiceof social, ccon
and polhtical. The directive principles spells out in greater detail the goal ofeconomicacn
Ie Direchyve Principles thus supplements [Link] of the Constitution. These principc d
DaSic to our sOcial order as they serve to build a social, economical and political justice.
seekS
Principles
LIKC rights, Directive Principles are not enforceable. Directive
Tundamental in wnat
India as to how and
O give certain direction to the Legislature and to the Government of u
as per Art. 37, these principIes
manner and for what purposes they are to exercise this power. But
obligations on States.
not enforceable by any Court of Law, because these are önly positive

Relation of fundamental rights with Directive Principles ofState Policies-

the Constitution
Ihough Directive Principles are not enforceable like fundamental rights,
and the State has been
ieclares theseprinciples as fundamental' in the governance of the country
guaranteed,
olaced under obligations to apply theminmaking law. Fundamental rights protected,
are

make to [Link]
nforceable and justifiable which create negative obligation on the state not
will take away or abridges fundamental right, otherwise such law shall be declared invalid under Art.
But no such provision in the Constitution as regard the Directive Principles. Therefore,
1514). there1s with
lawinconsistent Directive Principles cannot be declared ipvalid. Though these principles guide
he legislature but do not control it.

Nature of Fundamental Right and Directive Principles -

Fundamental rights forthe benefit of the individual

are Fundamental Rights are rights of
-

the individual against the State whereas Directiv Principls are guidelines for State to be
followed for general welfare of thesociely as a whole.

i) Justiciability - Fundamental Rights are eiforceable in court of law. The aggrieved person can
approach the Supreme Court under Art. 32 or the High Court under Art. 226 but Directive
Principles are just in the nature of moral precepts, which may or may not be followed by the
State, because for their enforcement remedy cannot be sought in the court of law.

ii) Superior Status of fundamentai rights -"The legislative power conferred upon Parliament and
State Legislatures under Art. 245 and 246 had been
expressly made subject to other provisions
 INTERPRETATION OFSTATUTES

26333908.
(Res)
Prof. Pathan's S.P. Law Classes, Pune. Page : 93 # (Class)
25510256,

ciples
of the Constitution. If there is any conflictbetween the legislation made DiurecivePrir
prevail, Directive Princip
Directive Principles and anyof the Fundamental Rights, latter should preva
have to couform to and run as subsidiary to the Chapter on Fundamentau
also.

it is
d) Fundamental dutics
p e r s o n a l i t y ,

individuals to develop
their P
AS Tundamental tights are necessary for theirfellow-ciuz a) rights imply
n t a l )rightsimply.

towards and
ecessary that they should dischargetheir obligations citizens. Normally,
this (fundamental
realize

them good ple

Here fundamental rights would not make But very few peopl thatmust s i t u a t i o n

coin.
two sides of the same Itissucha
provision

also (fundamental) duties. They are of the a

same.
Art.
special
aware make

therefore, it has become necessaryto

make people
Constitution
to ma
undernew
Amendment to the been
specified
the 42nd
have promoted the farmers of These duties haveDeeu
haye
a s m e n t i o n e da b o v e ,

citizens ofIndia.
laying down fundamental duties for Amendneu the
above mentioned
as
Constitution underthe
Constitution,

SIA imtrodthiced in the

the
There is noprovisio
n o provisio

fundamental duties, which

have been incorporateuin C o m m i t t e e .

The
The
recommendations of the Swaran
Singh
are based upon the
enforcement of fundamental duties. country.
of the
g o v e r n a n c e

Centre
and
e) Legislative Relations/Entries for the One at
the
and the
mechanism

e polity.
dual
Emmental
Centre
Federalism constitutes complex e s t a b l i s h e s a

between
the
Federal constitutes
divided

as is
There are two sets authority
of financial
authority under
executive and legislation
other at State. The
legislative, the Constitution
itselt of
by Centre butby which
divides the subject
States not by any iaw passed Schedule the
Indian Constitution
provides VIth subjects
which atfect
The of the country.
Cöncurrent.. comprises of the
three lists Union, State and as 97items
and the whole
laws for
-

contents

Union List (List

-I) uniform
Ine
generalinterest
andadnmit of Government. local or
Stale
of
and
Enure countrylie within the
are
exclusive competénce
ofUnioncomprises of subjects of
and
66 items,
Thesematters List (List I1)
enumerates
Legislature.
of the State Union
-

Ihe State competence to which, both

within the legislative items, with respect
interest and as such enumerates
47
C o n c u r r e n t List
(List'- III) of legislation.
The have concurentpower
Legislatures
and the State he
Parliament
with respect tot
make laws
Parliament to
on the Union Besides,
also confers pöwer For e.g., in emergency.
The Constitution circumstances.
special legislative power by
:matters enumerated in
the State Listunder
Government to
control the exercise of
powerin the Union in the Union
the Constitution vests powers of legislation åre vested
The residuary
in certain matter.
the State Legislatures
Parlianent.
makes two fold distribution of legislative
Legislative Relations The Constitution of India
power
(a) with respect to territorialjurisdiction,
(b) with respect to subject matter of legislation.
 INTERPRETATTONOT STATUTES
(Class)
25510256, (Res) 33908.
to make
make lawsfor
laws for the
rof. Pathan's S.P. Law Classes, Page : 94
has p o w e r
Pue that Union
make
r the
laws for whole or any
Territoriäl Jurisdiction Art. 245(1) has
provides
power
to

whole or any part of the teritory of India andState deemed

to be
yalid on the groun
invalic on the ground

part of the territory. shall be

P a r l i a m e n t

Art. 245(2) provides that no law made by be

ate Laws can
State.
that it would have extra teritorialoper operation.
make ke laws only
Doctrine of Territorial Nexus
extra-territorial
can
exra-ternn Legislature
However,
make laws having
laws State operation.
to make
en tö
Only Union has beens
sDeen given
operation
because
e x t r a - t e r r i t o r i a l

donc by
application
lalleneedon extra-teritorial given It is
valid. It.
1allenged on the ground of
wouldbe
we
voidifitis held
been
rthe State concemed. Thus, State law opcration
have
Inconme Tax
xfra-ternitorial
La. V.
and Co.
any times State laws having Wallace
Bros incorporated
in
Doctrine of Territorial Nexus. Council in Company was that
the Privy Appellant and through
This Doctrine 1s
is evolved
evd by in
case the Bombay
overallprofit
that
tne PCI18 in its agent
Tmices AIR1948 appointed made an
ommissioner, Bombay
the teritory of
Company
India.A
company
officethere.

gland and had its registered of

stered
the territoryof business
within
within the c o m p a n y .
by carrying of
business

ent Company cari

on its earned
entire
income

it, as it
was
on the
was
million
1.7 Tax to
Rs. 2.4 million out of which Income
be applied
1939 couldnot
levied
1uthorities
ofIndia Tax Act,
the doctrine
dia. The Income Tax Income oftax byapplying
that the
Indian the levy
however, upheld
contended

COmpany Council, nexus. ihe

Laws. The Ptivy territorial

ectofEnglish there must be

sufficient
temitorial nexus. should be physically
Doctrine of Nexus, law is applied
the the
application of
territorial
r o r the object to which sufficient
that the there is a

ctrine explains thatit is not essential

the law. It is
enough if
State making
boundaries of the M.
cated within the
and theState making the law.
State Bombay v. R, of
Xus between
the object the doctrine in Lotteries
Court India applied
of enacted the Bombay
Supreme State ofBombay
lotteries and prize
The
Chamarbaugwala,
AIR 1957, SC699. In this case,
1948. The Act
levied a tax on

(Control and Tax) Act, contained in Newspapers.

d Prize Competitions competitions
[Link] Act amendedin
1952sought to tax prize company,
conducting a prize
of the respondent
and published in
the Income
X was imposed
under this Act on Star" printed
named "Sporting from
through a paper A large number of people
mpetition (crossword Puzzle) of Bombay.
wide circulation in the territory
ingalore. The paper had
subsCibers,
Puzzle. Keeping in view
the number of
subscribed to the Crossword
2 temitory of Bombay
within the teritory of Bombay
from where the
booths
its collecting
erespondent company ofpened to be issued, fees collected and the results
declared.
puzzle were
s appearing in the crossword was thus completed within the teritory
of
relating to the Crossword Puzzle
1e whoie the activity
of on the
the S.C. upheld the tax imposcd
The company.
mbay. Taking into consideration these facts, the
territorial nexus to enabBe the Bombay State to tax
urt held that there existed a sufficient
spondent. the
In Tata Iron & Steel Co, [Link] ofBihar,AlR 1958, SC 452, the Supreme Court upheld
Bihar SalesTaxAct, 1947, on sales whether concluded in or outside Bihar, if the
vy of tax under the
ods at the time of agreement werein the territory of Bihar.
h Khyerbari Tea Co. VState ofAssam, AlR 1964, SC 925, it wàs held that State of Assam
uld levy tax on goods carried through its territory.
 I N T E R P R E T A 7 1 O NO F ' S

333908.
26333

(Res)

Prof4han's
2 5 5 1 0 2 5 6 ,

S.P. Law Classes, Pune. Page : 95

(Class) 25.
( C l a s s )
matters

the
Distributionm of subject-matter of legislation Art. 246.
c u r r e n t
L i s t ,b o t h

any
of
to
laws with respect
C n u m

Art. 246
e r a t e d i n

provides that the Union Parliament makes laws wit

U n i o n L i s t a n d S t a t e L i s t . A s r e p a r d s t h e m a t t e r s c o n l a i n cPdi
o n
wtehresC
o

dto
ohn ccu rs
rceire

bescientifically
Legislaare.
h e

w e r s
of The

lists.

Union Parliament and the state Legislature are vested with Concur he claimede t h r e e

following

in throllowi
the
The distribution of subject matters in the VIlh Schedulecant umerated
a p p l y i n g

by
pertect and there happens to be over-lappings between thie soj the
ent

cnactm

validityof
Courts in case of conflict detemines the Constitutional
w i d c s t

principles of interpretation- b e g i v e n

g'VEU
shouldbe
s h o u l d

schedule
c d u l e
l aid
1ad

Each entry to be interpretedl broadlythe Lists in the

-

ii)
C o u r t

Seventh Court

or

This rule requires that "Entry"in any of

S u p r e m e
Supreme
a n c i l l a r y

tthe
he

SC1044 ofall
as

liberal interpretation.
s h o u l d ,

and móst
e x t e n t

1962,
possible Bengal,
A I R the Court

West to m c r e

L I n Calcutta Gas Ltd. VV State of be init.

The

must
c o n s t r u e d

e n t r i e s
are

the
an Entry..
the general word used in
e i n c l u d e d

"
The given.
to
down that beheld them. be
reasonably should
fairly and
b e t w e e n

matters which could es

subsidiary and to bringharmony
to reconcile
entries of of C entral
Central

lar aspossible, try charactet

The language
in
of c
caas
see
List.
an enabling that
that
legislativeheads and are of the
t he
held
h eld
Co u r t
C
or
C o n c u r r e n t

1061, list
widest scope and anmplitude.
P a r l i a m e n t

Dhillon, AIR 1972, SC fell in the

State

heldthat IIN
N
V. H.S.
I n Union ofIndia Court
matter
List.
List.
whether the the U
Unni
ioon
n

test was toinquire StateList, then Entry9977of

legislation, the proper fall underthe
powers under
under
Entry
Ior not.
Once it was found that
the matter did not List- powers

to 96 of
residuary
on it
under its I
to legislate Entries
Would be competent immaterial whether it fcll under
such case,it would be competence,

legislative
within its to
Substance matter, withregard
Doctrine of Pith and spect
with respect
to a
the quéstion
ii)
law passed a Legislature
case,
Insucht
substance.

a and
Many times, outside its c doctrine of pith competence.

whole and
upon another matter,
by applying the as a
encroaches law shouldberead
determined
be ofthe law to is the
the law, 1.e.,
the constitutionality
that in such a ofcncroachment, nature and
case
character of
doctrine requires the true law,
The clauses, for
detennining
the and substance ofthe pith
sections or tha"
a collectionofof the law. Ifafter such an inquiry, itis found
not as character of
ascertain the true
order to
pithandsubstance within competence of the Legislature. In and to the scope
and
the matter whole, to its object
pertainsto the enactment as a
must haveregard to one
the legislation,
Prohibition Act, 1950
effect of its provisions. 19S1, SC 318, the Bombay
V. E M. Balsara, AJR
InState of Bombay production, carriage, consumption
or use of intoxicating liquors
on the manufacture,
imposcd aban with respect to Entry
The Act was enacted by the Bombay Legislature
withint teriloryof Bombay. "intoxaicaling liquors, their manufacture, production, possession,
which provided
8 ofthe List II,
"The Act was challenged on the ground, inter alia, that it encroached
purchase, transport orsale,etc.
upon "import&export ofliquors", a mallercoptainc in Entry 41 of IList I, and therefore, was beyond
the competence ofthe State Legislature. Th:e S. Oweve, tcld the Act valid. Applying the doctrine
ofnitch &substance, the Court held that real pmupose &thject o the in1pugned law pertained to the
Prof. Patlhan's S.P. Law
State
Classes, Pune. Page: 96 INTERPRETATION OF STATUT
Entry, even though the Act Elass) 25510256, (Res)
Parliament. incidentally encroached upon the 26333908
In M. Ismail matterwithin the competence of
Certain Area at Faruqui V. Union of India, AIR
AyodhyaAct, 1993 was 1995, SC 605 the validity of the
Government of äbout 67 challenged. Act provided for the
The Acquisition of
acres
available to the two trusts of land in the Ram acquisition by the Central
Janma-Bhoomi Babri
proposed to be set üp for the construction of Masjid complex to be made
-

respectively &for planned development

of the area.
a Ram
Temple & a Mosque
The Court declared
that the Act is valid
acquisition requisition of the with respect to
and
property by
Entry-42 of the List- Ill in respect of
Supreme Court has also applied this applying doctrine of Pith and Substance.
Singh v. State of Rajasthan, 1965 doctrine in Constitutional
Amendment cases. In Sajjan
was
challenged. By the AmendmentConstitutional
many statute
validity of 17 Constitutional
were added IX Amendment, 1964.
trom attack in the Court of to Schedule
Law. One of the to keep them immune
and this affected Art.226 assignments
and thereby amedment would be made
was that it reduced
the areaof judicial review
of ratification at least only by following special
by half of the states. procedure
The Court held that pit and substance of the
so as thehelp states to cary out agrarian reform. amending Act was only to amend fundamental
incidental and indirect. The effect on Art. 226 vwas right
only insignificant,
In Bennett Coleman and
Court observed that the tests of Company V/s. Union of India, (1972), 2, SSC, 788, the
effect of the pith and substance of the subject matter Supreme
legislature relevant to questions of legislative
are and of direct and of incidental
the question of
infringement of fundamental rights. competence but they are irelevant to
iv) Doctrine of Severability -
According to Art. 13(2), arestriction is imposed on the
which abridges or viofates the fundamental power of the state not to make any law,
rights given in Part IlI of Indian
the Constitution. This Art
provides that a law is void only to the extent of the
rights. This means that an Act may notbevoid as ainconsistency contravention with the fundamental
or

is severable (separable), from the rest of the

vwhole, only part of it may be void and if that part
a

continue to stand and remain operative. It means

provisions of the Act, then the rest provisions being valid
those provisions violative to fundamental rights, are
void, and the rest provisions are separated from
them then are valid.
The
Act as a whole will not declared void if one of its
if void can be
provision is void and others ax valid, and
separated from the valid
provisions
but
1. Ifprovision violative to fundamental
rights not separable
is from the other provisions in the Act,
and then the whole Act is void and not
operative.
[Link] provision is separated from the valid provision, hen the valid provisión cannot be given
effect. :
3 f yoid provisions are separated from the valid provision, the whole Act fails.
4 void provision is separated from the valid then the intention ofthe legislators cannot be given
effect.
[Link] V/s. State of Madras,AIR 1950 SC 27, tie Supreme Court said that in case of
epugnancy totheConstitution, only therepugnantprovision oftheimpugned Act will be vod and not
 NTERPRETATION OF STATUTES
Prof. Pathan's S.P. Law Classes, Pune. Page:97 (Class) 25510256, (Res) 26333908.
the whole of it, and every attempt should be made to save as
much as possible of the Act. If the
omission of the invalid part will not change the nature or the structure of the
It is severable. It was held that
object of the legislature.
except S. 14 all other sections of the Preventive Detention Act.1950
were valid, and since s. 14 could be served from the rest
of the Act, the detention of the petitioner was
not illegal.
*
In State of Bombay V/s F. N. Balsara, A.I.R., 1951, Supreme Court, 318, cight sections of the
Bombay Prohibition Act, 1949 were declared invalid by the court on the ground that they were violative
of certain fundamental rights. The Supreme Court held that the parts declared unconstitutional were
severable from rest of the Act since they were not inextricably bound with the
of the Act. and it
up remaining provisions
different to hold that the Legisiature would
was not have enacted the Act at all
without including thosc provisions which were found to be
unconstitutional.
Doctrine of Waiver:
Fundamental rights are basic, inherent human
rights, which are protected. guaranteed and
enforceable by law. Fundamental rights are based on
public policy. Fundamental rights are conferring
benefit on the general public.
Fundamental rights are based on public [Link] be waived by the
citizens. This principle is applied in number of cases.
an individual couid not waived his
In Behram V/s. Bombay, 1955, it was held that
fundamental rights. Fundamental rights are incorporated with Indian
Constitution. as a matter of public policy, and hence establish that an
LIS 1uIuaiicilai iigaLs.
individual cannot waive any of

vi) Doctrine of eclipse

Art. 13 of the Constitution gives the definition on the law'. It includes any ordinance, order,
laws, rules regulations. notifications, custom or bye
usages having the force of law. Art. 13(1) provides.
'Alil laws in force in the
territory of the India immediately before the commencement of the
Constitution. in so far as they are inconsistent with the provision of this part (fundamental
shall, to the extent of such right)
inconsistency, bevoid. Art. 13(1) has given rise to the doctrine of eclipse.
The Supreme Court of India has discussed this doctrine
of eclipse in Bhikaji VIs.
A..R., 1955, Supreme Court, 781. Any law passed before the commencement of the Pradesh,
Madhya
Constitution
(pre-constitutional law) if violates fundamental rights then such law is void and is not enforceable and
has no legal force and a Court takes no notice of it. This
Doctrine of
principle is known as Doctrine of the eclipse.
eclipse has been held to
apply to pre-constütution and to the post-constitution laws.
I n State of Bombay Vs EN. Balsara, A.l.R., 1951,
Supreme Court, 318, eight sections of a
pre-Constitution legislation, the Bombay Prohibition Act, 1949, were held to be unconstitutional in
view of Art. 13(1) in so far as
they prohibited possession. use and consumption of medicinal
preparations, which was violat1ve of Art. 19(00) of the Constitution.
In Sagir Ahmed VIs State of U.P, A.I.R.,
1955, Supreme Court, 728, the Constitutionality of
Uttar Pradesh Road Transport Act, 1951, was in
question. The Supreme Court held it to be viclative of
Art. 19(1g) & hence void under Art. 13 (2)
 INTERPRETAIIONOF SIATUTEs
Page : 98 Class) 25510256, (Res) 26333908.
Prof. Pathan's S.P. Law Classes, Pune.

it) Doctrine ofimplied powers

The Constitution in the VIlth Schedule has given the legislative
competence of Central as well
State and Machinery
as State Government. The
Constitution also provides the powers of organs of the
all
minutest details nor does it specity
created under it. But does not describe all these powers to for the
are necessary and proper
these means nécessary in the execution of the powet. Laws, which
as implied power,
and these
execution of the power, are incidental to such power, which are called
terms out or
are granted in gencral
laws presumed to be constitutional. In short, constitutional powers
the
which implied powers must necessarily arise. The government must have legitimate objcct within
for achieVing that
purview of the constitution and all means, which are appropriate and necessary
object, are constitutional if they are within the limits of constitution.

viii) Doctrine of Colourable legislation -

to a matter out
Many times, a legislate makes a law with respect to a makes á law with respect
within its
side its legislative competence by giving to the legislation a different colour so as to bring it
in order to
competence. In such cases, the Courts would apply the doctrine of Pith and substance"
determine the true nature, character or the real pith and substance of the law. If after such investigation,
it is found that the pith and substance of the law pertains to a matter outside the legislative competence
of the Legislature enacting the iaw, then the law would be held invalid and the different colourgiven to
that law would not protectit. The doctrine of colourable legislation is base upon the maxim "you
cannot do indirectly what you cannot do directly".
In K. C. Gajapati Narayan Deo V Stute of Orissa, AlR 1953, SC 375, explained the meaning
and
the scope of"Doctrine of Colourable Legislation ". The Court said that whileconferring powers
on the legislature the Constitution imposed certain restrictions and prohibitions. The Constitution
proitisany transgressions by the legislature of the limits of its' Constitutional power. The Court
explained that such transgression may be patent, manifest or direct, but it may also be disguised,
covert or indirect and it is to this latter class of the
Cases that the
expression
colourable legislation
has been applied in judicial pronouncement.
Whenthe Legislature is incompetent to legislate on a partioular subject directly but indirectly
under the colour of some other subject within its powers it tries to legislature upon the
within its powers, the legislation is said to be colourable. subject not
InBennet Colemn & Co., V. Union of India, AIR 1973, the Government due to the
newsprint has put some restriction. These newsprints are to be imported. Therefore, by shortageand
of

Export Act, 1947 and the Essential Commodities Act, 1955, no consumer other than the Import
acquire newsprint and consume newsprint more than authorized by the Controller. The importer can
policy for year 1972-73 based on import control
aActuarconsumptionduring12-73 whichever is less (basic requirement).
[Link] circulation is upto one lakh then 10% increase-to its basic;
C. If the circulation is more than one lakh then 3% increase to its
d No newsprint to basic requirement.
common ownership unit.
A petition under Art: 32 were
filed Supreme Court by various leading
in
Hindustan Times, Indian Express, etc. newspapers jointlý i.e.
 INTERPRETATION QF STATUES

Prof. Pathan's S.P. Law Classes, Pune. Page : 99 (Class) 25510256, (Res) 26333908.|
to control big newspape
The contention of the petitioner was that this policy of government
between object and basic. Government
The classification is not reasonable because there is no relation
Government pleaded that
that it is incidental effect and not a direct or immediate effect. The
pleaded distribution of
of an import commodity & cquitable
thesubject matter of
inmport policy was rationing
newsprint & not to interfere with the freedom of speech. people could get news. It
so that more and more
The Govermment wanted to increase circulation
It was held by 4 x 1
allows the small papers to grow and avoid concentration of economic power.
unreasonable and violative to Art. 19 (1)(a). The
judges of the Supreme Court that the policy was

K. Mathew).
Court applied the test of ultimate effect. (K. SC 552 the constitutionality of a
State order
Balaji V. State of
In M. R. Mysore, AIR 1967,
to backward classes was in
of seats of admission for students belonging
reserving sixty eight per cent
as the executive
the Supreme Court that the order was violativeof Art. 15(4)
question. It was held by on the
of constitutional authority and was thus a fraud
action was an overt and latent transgressfon
coristitutional power.

ix) Doctrine of prospective overruling similar

the superior Court in another case having
Overruling means contrary decision given by
effect i.e. from the day of the judgment and
fact but the effect to the decision is given prospective
no retrospective effect given to the judgment.
It was found Shankari Prasad V/s Union of India,
1965 upto 17un Constitutional
1952, right from the first Constitutional AmendmenttoSajan Singh
in Gorakhnath V/s Punjab
Amendment affecting Article 19(1)) declared constitutional [Link]
Parliament cannot amend
A.l.R., 1967, SC, 1643, by majority of 6 X 5Judges declared that
Fundamental Right. Chief Justice Subba Rao, speaking for himself and four ofhiscompanionjudges
a bill under
posed the question as to when Parliament could not affect fundamental rights by enacting
its ordinary legislative processes even unanimously, how could it then abrogate a fundamental right
Law' in Art. 13(2)
only 2/3rd majority of the Parliament. He aliso felt that the word
means
with
to make any
ordinary Law and Constitutional [Link] and consequently the State not empowered includes
was

Constitutional Amendment which takes away or abridges fndamental right

as
Law
amendments as well.

x)Principle of implied power

The Constitution in the VIlth Schedule has given thelégislative competence of Central as well
as State Govermment. The Constitution also provides the powers of organs of the State and Machinery
all
does
created under it. But notdescribe all these powers to minutest details nor does specity it
these means necessary in the execution of the power. Laws which are necessary and proper for the
Cxecution ofthe power are incidental to such power which are called as implied power and these laws
presumed to be constitutional. In short, constitutional powers are granted in general terms out of
which implied powers must necessarily arise. The govenment must have legitimat object within the

purview of the constitution and all means which are appropriate and necessary for achieving that
object are constitutional if they are within the limits of constitution.
 INTERPRETATION OF STATUTES
Prof. Pathan's S.P. Law Classes, Pune. T (Class) 25510256, (Res) 26333908.|
Page:100
xi) Principles of incidental and
Ihis Principle is similar to
ancilliary power
the principle of implied powers. In some constitution the incidental
nd anclary powers of legislation is specifically given but in some constitution where sucn powes
nave
not been specifically given, the law makers are deemed to be in possession of such powers so
that they are in
position to legislate effectively.
upreme Court has held time artd'again that general word in any cntry given in the Three Lists
in Schedule 7thh of the Constitution must be interpreted to the extend to all ancillary and subsidiary
matters which can be fairly and reasonably held to be included in it.

xii) Principle of implicd prohibition

I he well-known
principle of interpretation that cxpressed mention of one thing implICs ne
exclusion of another. It is expressed in the maxim expressio unius est exclusio atterius which has
given birth to tie principle ofimpliedprohibition which is the antithesisof the principle of implied
powers. In the Constitution when the legislative competence of making law is given to Centralas
well as State Govermment n the 7thSchedule of the Constitution, it is implied that neither Ceptral nor
the State to interfere and eneroach upon the legislative competence of cach other. It isfor the(Ccourt
to decide whether there is any such encroachment of each other which is an implied prohibition on
the power of each other.

xi) Principle of occupied filed

The principle of occupied ficld means that when the Union or Central Legislature makes a law.
on a particular subject and thereby occupies thefield, the State Legislatures have no power to enact
any law on that field. In the event of their doing so the State Legislation would, to that extent, become
unconstitutional. **
* * * * * * * * * *

)Constitutionality of a statute
There is always a presumption in fayour of constitutionality of an enactment and the burden.
upon him who attacks ittoshow that there has beena clear transgression of the constitutional principle.
Itis well established principle underlying the interpretation ofa provision in a statute is that, as fat as
possible, the Court should try to hold in favour of its constkutional validity and the provision need be
declared unconstitutional only if it is not possible to salvage it. Supreme Court has adopted various
principlesofinterpretationofconstitutional provisions by applying principles of doctrine of colourable
legislation, Doctrine of severability, doctrine of eclipse, doctrine' of Pith and Substance, etc.

g) Constitution not retrospective

Every statute is prima facie prospective unless it i_ expressly [Link] necessary implications
made to have retrospective operation. There is no reason [Link]
of interpreuation should not be
applied for the purpose of interpreting our Constitution.

h) Report of Drafting Committee of Constituent Assembly

Use of the Report of the Drafting Committee of the Constituent Assembly may be made not to
Gontrol the meaning of an Articie but may be seen in case of ambiguity. (A.K. Gopalan v. State of
Madras, A..R.1950 S.C. 27)
 INTERPRETATION OF STATUTES
Prof Pathan's S.P. Law Classes, Pune. Page 101 (Class) 25510256, (Res) 26333908.
It is not
proper to take into consideration the individual opinions of Members of
Parliament or
Convention construe the meaning of a particular clause but when a
to
certain phrase of
question is raised whether a
expression up for consideration at all or not, reference to debates may be
was
permitted. ([Link] v. State of Madras, A.I.R. 1950 S.C. 27)
i) Speeches made in
Legislature.
The speeches and the opinions of the legislators have been held to be admissible as evidence of
the mischief that was sought to be remedied by the particular Act. A speech made in the course of the
debate on a bil could at best be indicative of the subjective intent of the Speaker, but it couid not
reilect the inarticulate mental process lying behind the majority vote which carried the bill. Nor is it
reasonable to assume that the minds of all those legislators were in accord. The Court could only
search for the objective intent of the Legislature primarily in the words used in the enactment, aided
by such historical material as reports of statutory committees, preamble, etc.
j)Constitution leadingto harmonious result
lt the language of the Article is plain the unambiguous and admits of only one meaning, then the
construction
duty of the Court is to adopt the meaning irrespective of the inconvenience that such a
then'theCourt must adopt that which will
may produce. If, however, two constructions are possible,
ensure smooth and harmonious working of the (Constitution and eschew
the other which will icad to
law,
ausurdity or give rise to practical inconvenience or make well-established provisions of existing
nugatory.
k) Objects andreasons
A court cannot construe a provision of the Constitution on the basis of the statement of "Object

and Reasons'. A bill is introduced for the purpose for which it is made considering the conditions
of
prevalent at that time. The Statement of object and reasons can be used for the limited purpose
understanding the background.
6. CONCLUSION
reference to
AConstitution is to beinterpreted in the same manner asanyother statute, e.g. by
ts terms and languae. A Constitution is not to be construed in narrow sense. The ordinary rules of
with the
statutory construction is to be applied to the provisions of Constitution. As in the case
ordinary statutes, the Court likewise attempts to find out the intention of the framers of the Constitution
from the words used by them
Where any jparticular provision is open to more than one'constraction, it is only the logical one
and the one that naturally flows from it which has to be accepted. For this purpose it is often necessary
to enter into the mind of the framers of the Constitution. and to achieve this, it is dangerous to import
anything not inherently present in it. Where more than one reasonable interpretation of the
Constitutional provisions are possible, which would ensure a smooth and hamonious
working of the
Constitution, shall be accepted rather than the one that would lead to absurdity or give rise to practical
inconvenience or make well existing provisions of the existing law
nugatory [futile]. The Constitution
is Fundamental law of every nation.
The validity of all other statutes or laws depends upon the
Constitution. Thus the Constitution is the source of
vaiidity or a litmus test for deciding the legality
of the remaining statutes. The Constiuton ean he caiied a (rundnorn
is Sui-generis that it derives its validity f:om
according to Kelsen. Grundnorm
ita*:di cannot be subjected to any test of validity as
SuUch.
 INTERPRETATION OF STATUTES

'rof. Pathan's S.P. Law Classes, Pune. Page 102

(Class) 25510256, (lRes), 26333908.

16 RETROSPECTIVE OPERATION

circumstances do Courts give retrospective effect

to astatute? State theprinciples
e na
and give illustrations.
in which retrospective
4)What is meant by, "retrospective effect"? What arethecircumstances
effect is given to a statute? Discuss

ynopsis
)Introduction
)Retrospective effecet
Power to make Rulehaving retrospective operation
Presumption against retrospective legislation
Principles relating to retrospective operation.
Retrospective operation of the amendmentnot to effect pending suits
Doctrine of prospective overruling
Case law
Conclusion .

INTRODUCTIÓN:
The legislature has plenary power of making law in India. Parliament can pass any law
rOspectively or retrospectively subject to the provisions of the constitution. It is essential function
flegislation, which cannot be delegated by the legislature to the executive. In other words, legislative
olicy must be laid down by the legislature itself and by entrusting this power to the executive,
gislature cannot create a parallel legislature. Giving an Act retrospective effect is essentially a
gislative function and it cannot be delegated

RETROSPECTIVE EFFECT
It is settled
principle of interpretation that no statute can be given retrospective effect unless
e statute so directs either
expressly or by necessary implication. The Union Parliament and State
egislature have plénary powers of legislation within the fields assigned to them and
subject to certain
onstitutional restrictions, can legislate prospectively as well as retrospectively. By
fect, the effect may make a law which is operative for a limited retrospective
to force period prior to the date of coming
and is not operative either on that day or in future. In short,Legislature
ie
provision of the statute to [Link]. may give effect of
Moreover the statute cannot
be given retrospective effect if it would impair
bligation already acquired or incurred unless the any rights or
andamental rule of construction that no statute expressly provided so. It is therefore a
nless such onstruction
statute shall be so construed to
have retrospective operation
appears very clear in the terms of the Acts,or
arises by necessary or by
istinçtinplication.
Retrospecive eeans looking báckwards i.e, having reference to astate of things betore the act
1questicT, 33pective statutes contemplates the past and
gives to a previous transaction some
Prof. Pathan's S.P. Law INTERPRETATION OF STATUTESs
Classes, P'une. Page
different legal effect from that which Page:
: 103 (Class) 25510256, (Res) 26333908:|
it had under the law when
legislation prima facie prospective unless it is it occurred or transacted.
is Every
expressly or by
prospective operation. Unless there arc words in the statute sufficient necessary implication made to have
the legislation is to to show that the intcntion of.
give the rule retrospective effect, it is deemed to be
settle principle of law that an amendment
to a substantive law is not
prospective only. It is also a
expressly or by necessary implication. retrospective unless laid down

3) POWER TO MAKERULEHAVING RETROSPECTIVE OPERATION-

A statute which could
validly enact a
law with retrospective effect could in express term validly
contum upon the nule rmaking authority i.e, exccutive a power to make a rule having retrospective
operation. Every statute which takes away or impairs wasted rights acquire under existing laws, or
creates a new obligation or inposes a new duty, or attaches a new [Link] respect of a transactions
already past, must be presumed to be intended not to have a retrospective effct.

4) PRESUMPTION AGAINSTRETROSPECTTVELEGISLATION-
The presumption against retrospective effect of the legislation is a stronger in penal enactments
than in civil legislation. In short, presumption exists in civil matters but not so in penal enactment. If
the languageofthe statute is plainlyrérospective,itmust be so interpreted even though consequences
ar imiict and hard.
In the absence of anything to the contrary, an enactment is not deemed to be retrospective as that
would impair or affect adversely an existing right or obligation of the parties. Thus, unless the language
is plainly retrospective the legislation is construed as prospective only. Every statute which impairs
the existingright or creates a new obligation or imposes a new duty is necessarily to be prospective as

otherwise, it would create a sense of disorder in the society.

PRINCIPLES RELATINGTORETROSPECTIVE OPERATION

-

5)
There are certain fundamental principles of constYüction iegarding a question whether an
enactment is meant to operate prospectively or retrospectively. Some of those principles are as under

aThe statute must always be interpreted prospectively.

The statute must always be interpreted prospectively, uniess the language of the statute make
them retrospective either expressly or by necessary implication.

Statute dealing with substantive rights

Itiscardinalprinciple of construction that évery statute is primefacie prospectiveunless itis
expressly or by necessary implication made to haveretrospective operation. Unlessthere are words
in the statute sufficient to show the intention of legislature to allect existing rights,it is deemed to be
prospective only.

Statues dealing with procedures.

Statutes dealing with mereiy mattersofprocedures are presumed to beretrospective. The statute
which only alter the forrn of procedure or the admissibility of evidence, or the effect which the
Courts give to evidence have retrospective effect.
***
 INTERPRETATIONOFSTATUTES

(Class)
25510256, (Res) 26333908.1
Prof. P'athan's S.P. ILaw Classes, Pune. Page : 104

d) Language not always decisive-

to past events, the language used
the question of applicability of a particular statute
deciding it cannot be
stated inticXIbIC
as an
the most important factor to be taken into account, but statute aoes
Oubt decisive of the matter that
the
is
C Lat the use
of present tense or present perfect tense

not draw upon

past events for its operation.

e) Statutes relating succession- which had already

to succession
enactedfor regulating succession are not applicable to
utes from persons in home it had vested prior
pCnea, as otherwise the effect will be to divest the estate

coming into force in the new statute.

)Statutes regulating transfers and contracis-

made
Statutes prescribing formalities for effecting transfers are applicable to transfers
not

pror to their enforcements. A transfer made in contravention of statutory

prohibition is inval1d and is
not validated by repeal of the statute containing prohibition.

g)Statutes oflimitation-
Statute of limitation are regarded as procedural and the [Link] limitation which applies to asuit
1s a law in force at the date ofinstitution of the suit irespective of the date of accrual of the cause of
action: The object of the statute of limitation is not to create any right but to prescribe periods within
which legal procedings may be instituted for enforcement ofrights which exists under the substantive
law
h) Fiscal statutes -
Fiscal legislation imposing liability is generally governed by the normal presumption that it is
not retrospective and it is a cardinal principle of the tax law that the law to be applied is that in force
in the assessment year unless otherwise
provided expressly or by
necessary implications.

i) Penal Statutes-
Penal Statules which creates offences or which have the effect of
increasing penalties for existing
offences will only be prospective by reason of the constitutional restriction
imposed by Art. 20 of the
Constitution.

Remedial Statutes-
The fact that a prospective benefit under a
statutory provision in is in certain cases to be measured
oy depends
or on antecedent facts does not necessarily make the
statute is
provision
retrospective. Aremedial
not necessarily retrospective it mây be either enlarging or
orospectively, unless it has retrospective effect by expressed terms orrestraining,
and it takes effect
necessary implication.
k Declaratory Statute-
Adeclaratory statute may be defined as an Act to remove doubts
the meaning or effect of any statute such Acts are held tobe existing as to the common law,
retrospective."
Prof. Pathan's S.P. Law Classes, Pune. INTERPRETATION OF STATUTES
Page : 105 (Class) 25510256, (Res) 26333908.
)Statutes regulating appeals-
The ight of
appeal has been recognized by judicial decisions as
the time of institution of aright which vests in a suitor at
oniginal proccedings. Any change the law
in
proceedings, which adversely touches this vested right isrelating
of original to appeals, after institution
presumed not to be retrospective.
m Statutes affecting finality of orders-
An order, which on the date it is made is
final, gives rise to vested rights, and a subsequent
Change in law giving rise to new right of appeal or revision is presumed not to affect the finality of
orders already made.

6) RETROSPECTIVEOPERATION OFTHE AMENDMENTNOTT0 EFFECTPENDING

SUITS
The nght to prosecute a suit or appeal in a Court having jurisdiction at the time of its institution
IS vested nght and cannot be taken away by a subsequent change in law unless the jurisdiction of the

Cout to dispose of the pending suit or appeal is taken away either expressly or by necessary implicalion.
the
For e.g, before passing of The Maharashtra Rent Control Act, 1999 all those suits filed under
will be governed by the provisions
5ombay Kents, Hotels and Lodging House Rates Control Act, 1947
of the old Act and not under the new Act. If the Amending Act specifically provides the change regardings
the Courts in which suit were instituted earlier may be transferred to the Court of the jurisdiction
Land Act,
under the amending statute. c.g, Sec. 43 -1 Cof the Bombay Tenancy and Agricultural
and restoration of the
1948, by the amendment of 1964 provides that all proceedings for the recovery
of Armed Forces,
position of the land filed under Sec. 31 or 33 B by the land lord who themember Mamlatdar, shall
are
amendment of 1964, before
pending immediately before the conmencement of this
transfer to Collector and all proceedings pending in appeal
before the Collector or in a revision
transferred to the State Government.
before Maharashtra Revenue Tribunal, shall likewise stand

7) DOCTRINE OFPROSPECTIVEOVERRULING
Court in another case having similar
Overruling means contrary decisions given by the superior
the day of judgement and no
fact but the effect to the decision is given prospective effect i.e, from
retrospective effect given to the judgment.

8) CASELAW
that
i) In Krishna Chandra v. Commr. OfEndowments and others, 1976 Orissa High Court held
it
if enactment is expressed in the language which is fairly capable of either interpretation,
ought to be construed as prospective only and there is a presumption against retrospective
operation if, when so operated, it wouid prejudiciäliy affeçt the wasted rights of the legalityof

pasttransaction
i) Hukum Chand: UnionofIndia, 1972 Supaeme Cout helkl that executive exercising delegated
legislative powers cannot make rules retrospective in cfiect unless that power is expressly
conferred.
 INTERPRETATION OFSTATUTES
Prof. Pathan's S.P. Law Classes, Pune. Page 106 (Class) 25510256, (Res) 26333908.
ii) In Union ofIndiav. Raghubir Singh, 1989 Supreme Court held thartose attention must be
paid to the language of the statutory provision for determining the scope of retrospectvity
intended by parliament.

In M/s
IW
Saharangpur Electric Supply Co. Ltdv. Comnissionerof Income Tax, 1992 Supreme
Court held that if the enactment is expressed in language which is fairly capable of either
interpretation, it ought to be construed as prospective only.

) M / s New India Assurance Co. Ltd v. Laksmi and others, 1992. In this case clement claimed
enhance compensation under amended sec. 4 ofWorkmen Compensation Act, 1923. The ingurics
were sustained to the workmen prior to the amendment. It is true that provisions of workmen
Compensation Act, 1923 have been enacted with a view to make compensation available injured
and disabled workmen, but the award
ofsuch compensation has to be computed and determined
within the four comers of the provisions ofthe Acts. The amending Acti.e, Sec. 4 neither expressly
nor by necessary implication makes the amendment retrospective in operation. Hence liberal
interpretation of beneficial legislation cannot be permitted to defeat the clear intention ofthe
provisions of the Act.

vi Supreme Court in Golaknath v. State of Punjab, 1967 applied this doctrine of prospective
overuling. It enables Court to bring about a smooth transaction by correcting its eror without
disturbing the impact of those errors on the past transactions. Supreme Court further observed
that the doctrine of prospective overuling can, however, be invoked only in matters arising
under the Constitution and it can be applied only by the highest Court of the country i.e, Supreme
Court *************************

9) CONCLUSION
Parliament of India can pass any law prospectively or retrospectively subject to the provisions
of the Constitution. These functions
can not be delegated, being e[sential to the executive. It is
settled principle of interpretation that no statute can be
given retrospective effect
unless the statue so
directs either expressly or by
if it would impair any rights or
necessary implication. The statute can not be given retrospective effect
obligation already acquired or incurred unless the statute expressly
provided so. It is therefore a fundamental rule of construction that no tatute shall be so construed to
have retrospective operation unless such construction
appears very clear in the terms of the Acts or
arises by necessary or by distinct
implication.