Supreme Court: Court Judgements Always Retrospective In Nature Unless Judgement Itself Specifies Its Prospective Operation

The Supreme Court in the case Kaniskh Sinha v State of West Bengal observed and has reiterated that a judgment of the Court will always be retrospective in nature unless the judgment itself specifically states that it will operate prospectively.

- TDG NETWORK

The bench comprising of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah was hearing the present matter.

The bench in the case observed that, 'Whereas a law made by the legislature is always prospective in nature unless it has been specifically stated in the statute itself about its retrospective operation, the reverse is true for the law which is laid down by a Constitutional Court, or law as it is interpreted by the Court. The judgment of the said court will always be retrospective in nature unless the judgment itself specifically states that the judgment will operate prospectively.