Wednesday, 20 November 2019

What is doctrine of Eclipse?


The doctrine, flowing from the prospective nature of Art. 13(1)  of the constitution of India, was evolved by the Supreme Court in the case of Bhikaji v. State of M.P. , meaning thereby that a valid pre-constitutional law violating a fundamental right becomes inoperative treating it as having been eclipsed by the relevant fundamental right. If this fundamental right is amended and the shadow is removed, the law revive and operate.

In other words, a law which violates fundamental rights is not a nullity or void ab initio but are only unenforceable in the court of law i.e. remains in a moribund condition. "It is over-shadowed by the fundamental rights and remains dormant, but it is riot dead."

Till the time a law violates a fundamental right provided by the Indian Constitution, it is dormant and inoperative. But if such fundamental right is amended and thereby, the law no more violates, then in such a situation the law becomes alive and operative.
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