Procedural Amendments Affecting Vested Substantive Right Of A Litigant Are Prospective In Application Unless Specifically Made Applicable Retrospectively

Law is meant to adapt to changing society. Apart from substantive laws, procedural laws play a pivotal role in a country with overburdened Courts to make dispute resolution expeditious and cost effective. Any amendment to the procedural law raises several issues primarily relating to interpretation and applicability, and applicability of amended procedural law retrospectively is one of them. The general rule for applicability of procedural laws is that it would be applicable retrospectively whereas substantive laws are applicable prospectively, unless otherwise provided. Adjudication of proceedings before a court/ forum in the usual circumstances is not a matter of substantive right of a litigant. However, amendments particularly dealing with change of forum which affect pending proceedings before a court/ forum do not remain merely procedural as they affect the vested substantive right of a litigant and are an exception to the general rule of retrospective application