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Law Dictionary Home Dictionary Definition retrospective

Retrospective, 'retrospective' in relation to statutes etc. means 'operative with regard to past time'. The change effected does not say that it shall be operative with effect from any earlier date, Punjab University v. Subash Chander, AIR 1984 SC 1415: (1984) 3 SCC 603: (1984) 3 SCR 822. It is settled law that the Constitution has no retrospective operation. The petitioners cannot complain of the breach of Arts. 14 and 16 of the Constitution in respect of acts done before the Constitution came into force, Rabindra Nath Bose v. Union of India, AIR 1970 SC 470: (1970) 1 SCC 84: (1970) 2 SCR 697. Retrospective, is somewhat ambiguous and that good deal of confusion has been caused by the fact that it is used in more senses than one. In general, however, the courts regard as retrospective any statute which operates on cases or facts coming into existence before its commencement in the sense that if affects, even if for the future only, the character or consequence of transactions previously entered into or of other past conduct. Thus, a statute is not retrospective merely because it affects existing rights; nor is it retrospective merely because a part of the requisite for its action is drawn from a time antecedent to its passing, Halsbury's Laws of England, 4th Edn., Vol. 44, p. 570, para. 921.

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