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.