Machine-translated by Google. Questions are authored in English.
Top

Discussion

In................., the Supreme Court of India adopted the doctrine of prospective overruling.

  • A.Kesavananda Bharati case
  • B.A.K. Gopalan case
  • C.Golak Nath case
  • D.Maneka Gandhi case

Answer: C

The doctrine was adopted in the Golak Nath case.

In I. C. Golak Nath v. State of Punjab (1967), the Supreme Court held that Parliament could not amend fundamental rights, overruling earlier decisions. To avoid unsettling the land reforms already made under the earlier view, Chief Justice Subba Rao applied the American doctrine of prospective overruling: the new law would apply only to future cases, leaving past amendments valid.

Kesavananda Bharati (1973) overruled Golak Nath and laid down the basic structure doctrine. A. K. Gopalan (1950) and Maneka Gandhi (1978) concern Article 21 and personal liberty, not prospective overruling.

No comment is present. Be the first to comment.
Loading…

Post your comment

Please log in or register to post a comment.