Doctrine Of ‘Prospective’ Prospective Overruling – By Arvind Datar

Senior Advocate Arvind Datar, in his column, explains the doctrine of “prospective overruling” and its refinement as “prospective-prospective overruling.” He analyses how courts sometimes limit or delay the effect of new legal interpretations to avoid unsettling settled transactions. Drawing from Indian constitutional jurisprudence, Datar highlights that prospective overruling balances stability with evolution and prevents retrospective hardship. The article offers scholarly insight into judicial strategy ensuring fairness while introducing legal reforms, demonstrating how courts protect reliance interests through calibrated temporal application of new precedents.