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Doctrine of Eclipse

In this article we will discuss Doctrine of Eclipse

In this article, we will discuss Doctrine of Eclipse. So, let’s get started.

Doctrine of Eclipse

  • The doctrine states that if any law becomes contradictory to the fundamental rights, then it does not permanently die but becomes inactive.
  • As soon as that fundamental right is omitted from the Constitution, the inactive law becomes revived.
  • When a court strikes a part of the law, it becomes unenforceable. Hence, an ‘eclipse’ is said to be cast on it. The law just becomes invalid but continues to exist.
  • The eclipse is removed when another (probably a higher level court) makes the law valid again or an amendment is brought to it by way of legislation.
  • Supreme Court first applied this doctrine in the case of Bhikaji vs State of Madhya Pradesh where it applied to pre-constitutional law. The extension to the post-constitutional law was stated in the case of Dulare Lodh vs ADJ Kanpur.

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