The Doctrine Of Retrospectivity Instatutory Interpretation: A Judicial Perspective
- IJLLR Journal
- Mar 19
- 1 min read
Dr. Saniya Sayyed, Asst. Professor at A. K. K. New Law Academy, Azam Campus, Pune.
ABSTRACT
The power of the legislature to enact laws retrospectively is a fundamental aspect of Indian statutory law. While the general presumption favours prospective application, exceptions exist when the legislature intends to correct defects, clarify ambiguities, or achieve public welfare. This paper examines the principles guiding retrospective legislation, including the distinction between substantive and procedural provisions, judicial interpretation of legislative intent, and constitutional limitations. Landmark cases such as Mahadeolal Kanodia v. Administrator-General (1960), Ujagar Prints v. Union of India (1989), and recent rulings including Kanishk Sinha v. State of West Bengal (2025) illustrate the courts’ careful approach. The study also highlights the practical implications of retrospective laws for taxation, service rights, criminal law, and administrative decisions. By balancing legislative objectives with constitutional safeguards, Indian jurisprudence ensures fairness and legal certainty, preventing arbitrary deprivation of rights while allowing legitimate legislative corrections.
Keywords: Retrospective Legislation, Prospective Laws, Judicial Interpretation, Legislative Intent, Vested Rights, Substantive and Procedural Provisions, Legal Certainty, Curative and Remedial Statutes, Statutory Interpretation.
