What is the Doctrine of Eclipse?

According to Article 13 (1) of the Constitution of India, all the laws enforced in India immediately before the commencement of the Constitution shall be unconstitutional and void if they violate one or more provisions of Part 3 (Fundamental right) of the Constitution. It is not completely dead but overshadowed by the fundamental right.

In the Bhikaji Narain case 1955, Supreme Court applied the Doctrine Of Eclipse and said that such a pretty constitutional law remains dormant, but not dead and can be revived again if any amendment removes the Clash between fundamental right and this law.

Leave a Comment

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.