Banking CSAT Current Affairs Doctrine of Eclipse General Knowledge IAS Indian Politics Indian Polity Judicial Doctrine MBA MPPSC Railways RBI SSC State PCS UPSC

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.

By competitiveworld27

Competitive World is your online guide for competitive exam preparation

Leave a Reply

Your email address will not be published.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