You are on page 1of 3

R.

Venugopalan
BA0140074

PRINCIPLES FOR RETROSPECTIVE OPERATION OF STATUTES

Introduction

Any kind of statute operates in two ways, i.e., a prospective operations where a statute seeks to
govern current activities and a retrospective operation where a statute seeks to operate on past
events and activities. Though retrospective operation is not favoured in law rather there is a
presumption against retrospective operation of statutes. Acts, enactments and administrative rules
will not be construed to have retrospective effect unless their language requires this result.

The use of the term retrospective operation of statutes is at times bleary & obscure. In a wider
sense it would be right enough to say that statute has retrospective operation when it purports to
operate over those facts or events which took place before the provision come in to force. It is
sometimes used in a divergent sense when vested rights are sought to be affected. Also, it is at
times loosely used in context of certain functions of law which the law maker deems it necessary
to introduce in existing laws for the purpose of setting certain matters rightly or avoiding certain
mischief which might be possible for change in law; and this is done by penning down that
certain facts or things which did not exist. 1 The concept of retrospective operation of statutes, the
general principles relating to retrospective operation of statutes is used in a different sense when
vested rights are required to be affected.

Concept of retrospective operation of statutes

Retrospective operation is an inaccurate term and somewhat ambiguous. Since it is very cloudy it
is open to interpretations.

Literal meaning of the word retrospective is to look backward, contemplating what is past;
having reference to a state of things existing before the Act in question. 2 Thus a retrospective law
would be a law which goes back into the past, contemplates over it, affects acts or facts
occurring, or right occurring before it came into force. The best instances of retrospective laws
are those, in which the date of commencement is earlier than enactment, or which validates some

1 http://www.legalservicesindia.com/article/prospective-vs-retrospective

2 Vepa P. Sarthi, Interpretation of Statutes (Eastern Book Company)


R.Venugopalan
BA0140074

invalid law, otherwise, every statute affects rights which would have been in existence but for the
statute.

In the case of Nemi Chand vs. State of Rajasthan 3, the court said that a statute does not become a
retrospective one because a part of the requisites for its action is drawn from a time antecedent to
its passing. It is meant that save in cases where the law creates a new offence or increases a
penalty, a legislature is not prevented from enacting an ex post facto law but if any such law
takes away or impairs any vested right acquired under an existing law, or creates a new
obligation,4 imposes a new duty or attaches a new disability in respect to transactions on
considerations already past, it must so provide in express terms or such should be a necessary
implication from the language employed.

In State of Bombay v Vishnu Ram Chandra 5, dealing with the question as to how an enactment
may be construed as retrospective, the Supreme Court states that the question has to be decided
in accordance with the following principles:

Penal Statutes are always prospective, but can also interpreted retrospectively; of
there is a clear intendment that they are to be applied to past events.
Statutes, which create new punishments, but authorize some actions based on past
conducts, if expressed in language showing retrospective operation, would be applied
retrospectively.
Acts designed to protect the public against acts of harmful character may be
construed retrospectively if the language admits such an interpretation, even though it
may equally have prospective meaning.
Statute which takes away or impairs vested rights under existing laws is presumed
not to have retrospective operation.

3 (1977) Raj LW 430.

4 AIR (1958) Punj 87.

5 AIR 1961 (SC) 307.


R.Venugopalan
BA0140074

Thus, the principles that have to be applied for interpretation of statutory provisions are well
settled. The first of these is that statutory provisions creating substantive rights or taking away
substantive rights are ordinarily perspectives, they are retrospective only if by express words or
by necessary implication, the legislatures has made them retrospective, and the retrospective
operation will be limited only to the extent to which it has been so made by express words, or
necessary implications.

Review of literature

Vepa P. Sarthi, Interpretation of Statutes, Eastern Book Company, in his article the author has
given general introduction and critically analysed about the retrospective operation of statutes.

Halsbury Laws of England, the author explains in his article about the principles and the various
kinds of statutes in the operation of statutes of the interpretation of statutes.

Rao and Dhanda, NS Bindras Interpretation of Statutes, Lexis nexis publication, the author
explains the operation of statutes in India in his article and given importance to the interpretation
of statutes and the operations position in India.

You might also like