Legal Series- 10                                                             kgk                                                       

General Clauses Act, 1897 — S. 6 — Vested right — Crystallisation/Accrual of, to survive change in law — Requirements of: 

All preconditions for entitlement to the right claimed must stand satisfied before the law changes, for a vested right to survive change in the law. There is need for vested right to have its origin in a proceeding which was instituted on such right having been crystallised at the time of its origin itself, in which event all future claims on that basis to be pursued would get preserved till the said right is to be ultimately examined. In the event of such preservation of the future remedy having come into existence and got crystallised, that would date back to the date of origin when the so-called vested right commenced, that then and then only it can be held that the said right became a vested right and it is not defeated by the law that prevails at the date of its decision or at the date of subsequent filing of the claim.

 [VKNM Vocational Higher Secondary School v. State of Kerala, (2016) 4 SCC 216]

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