Retrospective effect of an act
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
30 November 2013
A BILL IS FIRST TIME PRESENTED BEFORE PARLIAMENT SAY ON SEPTEMBER, 2011 AND IT IS PASSED BY BOTH THE HOUSE AND GET THE ASSENT OF PRESIDENT IN SEP'13.
NOW MY QUESTION IS CAN THIS BILL WHICH HAS NOW BECAME ACT BE GIVEN EFFECT RETROSPECTIVELY BEFORE September 2011 ie the date when it was first presented before the house.
NOW MY QUESTION IS CAN THIS BILL WHICH HAS NOW BECAME ACT BE GIVEN EFFECT RETROSPECTIVELY BEFORE September 2011 ie the date when it was first presented before the house.
01 December 2013
it depends on the provisions of the act. often laws are enacted with retrospective effect. prime example is several amendments in the Income tax Act 1961. So it shall be at the discretion of the legislature to provide for retrospective enactment. However, in case such a retrospective enactment is violating any fundamental rights, court may strike down such retrospective operation of the law.
11 December 2013
that shall be mentioned in the respective law only.
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