Keshavan Madhava Menon v. State of Bombay
AIR 1951 SC 128 · Supreme Court of India
A Constitution that is prospective does not automatically revive a prosecution that had ended; vested rights are not taken away without clear words.
Unit V · Interpretation of Statutes
Prospective and retrospective operation
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| General Clauses Act, 1897 | 5 | Coming into operation of enactments |
| General Clauses Act, 1897 | 6 | Repeal does not affect vested rights unless a contrary intention appears |
| Constitution of India | 20(1) | No ex post facto criminal offence or heavier penalty |
Landmark cases
Garikapati Veeraya v. N. Subbiah Choudhry
AIR 1957 SC 540 · Supreme Court of India
A right of appeal is a vested right that accrues on the date of the suit and is not destroyed by later procedural change unless expressly so provided.
Hitendra Vishnu Thakur v. State of Maharashtra
(1994) 4 SCC 602 · Supreme Court of India
Procedural amendments are generally retrospective; a provision that creates new disabilities or affects vested rights is prospective.