What is the Doctrine of Eclipse? The Doctrine of Eclipse is a legal principle in India that deals with the relationship between fundamental rights and existing laws that may be inconsistent with them. The Doctrine of Eclipse is addressed in Article 13 (1) of the Indian Constitution. According to the doctrine of the eclipse, if a law conflicts with the fundamental rights guaranteed by the ...
The doctrine of eclipse is contained in Article 13(1) of the Constitution of India which deals with the pre-constitutional laws or existing laws.
Introduction The doctrine of eclipse under Indian laws is a legal doctrine that states that any existing law which is inconsistent with fundamental rights does not completely become invalid. It can be made valid if appropriate amendments are made to the Constitution of India, 1950, making that impugned law in sync with the fundamental rights. This doctrine rests on the premise that fundamental ...
Doctrine of Eclipse in Indian Constitution under Article 13 explains how pre-constitutional laws violating Fundamental Rights become dormant, not void.
Does the Doctrine of Eclipse apply to Post Constitutional Law? The doctrine of eclipse does not apply to post-constitutional laws. In Deep Chand v. state of U.P., the supreme court held that post-constitutional law made under Article 13 (2) which contravenes a fundamental right is nullity from its inception and a still-born law. It is void ab ...
The Doctrine of Eclipse, as outlined in Article 13(1) of the Indian Constitution, applies to pre-constitutional or existing laws.
Doctrine of Eclipse The Judiciary is the guardian of the rights provided for in the Constitution of India. It is the job of the judiciary to restrain the actions of the Legislature and the Executive where they are infringing upon these rights. When the Constitution was adopted on , with it came, the fundamental rights that are guaranteed to the citizens. There were several ...