“Overruled Judgments: Not Misfortune But Injustice”, 19 October 2019
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 19 October 2019
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
Baxi analyzes the "retrospective" effect of overruling past judgments. He argues that when a "good law" is suddenly declared "bad law," it can lead to "injustice" for those who acted in reliance on the previous ruling. The synopsis highlights Baxi’s discussion on "prospective overruling," a doctrine that protects past transactions. He warns against "jurisprudential instability," arguing that while the law must evolve, it must not become "unpredictable." For Baxi, the judiciary’s power to correct itself is necessary, but it must be exercised with "due care" to avoid destabilizing the "rule of law" and citizens' lives. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository