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Doctrine of Eclipse in the Indian Constitution

Introduction

The Doctrine of Eclipse is a principle in Indian constitutional law that states that any pre-constitutional law inconsistent with fundamental rights is not entirely void but remains unenforceable. Such laws can become valid if the inconsistency is removed through a constitutional amendment. This doctrine is rooted in Article 13(1) of the Indian Constitution.



Table of Contents

1.     What is the Doctrine of Eclipse?

2.     Crucial Court Cases Related to the Doctrine of Eclipse

3.     Elements of Doctrine of Eclipse

4.     Salient Features of Doctrine of Eclipse

5.     Doctrine of Eclipse in UPSC

6.     FAQs on Doctrine of Eclipse

7.     Relevant Articles and Landmark Judgements

8.     Statutory Laws Related to Doctrine of Eclipse

9.     Key Points

10.                        MCQs for UPSC Exam



What is the Doctrine of Eclipse?

The Doctrine of Eclipse emerges from Article 13(1) of the Indian Constitution, which is part of Fundamental Rights. It states:

“All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, i.e., Part III, shall, to the extent of such inconsistency, be void.”

This means that any pre-constitutional law that conflicts with fundamental rights is not entirely void but stays unenforceable or dormant. Such laws can still apply to past transactions and individuals who are not entitled to fundamental rights.



Crucial Court Cases Related to the Doctrine of Eclipse

1. Bhikaji Narain Dhakras v. State of Madhya Pradesh

  1. Facts: The C.P. and Berar Motor Vehicles Amendment Act of 1947 was challenged for violating Article 19(1)(g) of the Indian Constitution.
  2. Judgement: The Supreme Court held that the law was not void but merely dormant, and it could be revived by a constitutional amendment.


2. Keshav Madhav Menon v. State of Bombay

  • Facts: The case raised issues about the retrospective nature of Article 13(1) concerning an unresolved case when the Constitution was implemented.
  • Judgement: The Supreme Court explained the retrospective and prospective application of Article 13(1).


3. Behram Khurshid Pesikaka v. State of Bombay

  1. Facts: The appellant used a previous case (State of Bombay v. F.N. Balsara) to declare section 13(b) of the Act void.
  2. Judgement: The court reinforced that the section in question was merely unenforceable, not void.


4. Sagir Ahmed v. State of Uttar Pradesh

  • Facts: Addressed the applicability of the Doctrine of Eclipse to laws made after the commencement of the Constitution.
  • Judgement: The Supreme Court ruled that the Doctrine of Eclipse only applies to pre-constitutional laws.



Elements of Doctrine of Eclipse

1.     Pre-constitutional Law: The law must be formulated before the commencement of the Indian Constitution.

2.     Dormant Law: The law is not dead; it is overshadowed by fundamental rights.

3.     Infringement of Fundamental Rights: The law should conflict with fundamental constitutional rights.

4.     Revival Through Amendment: If the fundamental right in question is amended, the law can become fully operative.



Salient Features of Doctrine of Eclipse

1.     Application to Pre-constitutional Laws: It only applies to laws made before the Constitution.

2.     Violation of Fundamental Rights: The law must violate fundamental rights to be eclipsed.

3.     Revival Upon Amendment: If the violating fundamental right is amended, the law becomes operative.

4.     Defective, Not Null: The law remains defective and unenforceable, not nullified.



Doctrine of Eclipse in UPSC

The Doctrine of Eclipse is significant in the UPSC GS-2 syllabus as it demonstrates the relationship between pre-constitutional laws and fundamental rights. It highlights the Supreme Court's role in harmonizing conflicting legal provisions and ensuring constitutional continuity.



FAQs on Doctrine of Eclipse

1. What is Doctrine of Eclipse?

The Doctrine of Eclipse states that any law inconsistent with Fundamental Rights is not void but remains unenforceable until the inconsistency is removed.


2. Does the Doctrine of Eclipse apply to everyone?

Yes, it applies to citizens of India, affecting laws void against persons with fundamental rights.


3. What is the difference between Doctrine of Eclipse and Doctrine of Severability?

Doctrine of Eclipse applies only to pre-constitutional laws, while Doctrine of Severability applies to both pre and post-constitutional laws.


4. What is the implementation of Doctrine of Eclipse for Article 368?

The Supreme Court applied the Doctrine of Eclipse to Article 368 to restrict the Parliament's power to amend fundamental rights, ensuring they remain protected.


5. When was the Doctrine of Eclipse formulated?

It was formulated by the Supreme Court in the 1955 case of Bhikaji Narain Dhakras v. State of Madhya Pradesh.


6. Can a law permanently remain eclipsed?

No, a law can be revived through constitutional amendments or judicial decisions that remove the inconsistency.


7. What is the significance of the Doctrine of Eclipse?

It ensures legal continuity and provides a mechanism to reconcile conflicts between pre-constitution laws and the Constitution.



Relevant Articles and Landmark Judgements

Articles:

  • Article 13(1): Laws inconsistent with or in derogation of fundamental rights.



Landmark Judgements:

1.     Bhikaji Narain Dhakras v. State of Madhya Pradesh

2.     Keshav Madhav Menon v. State of Bombay

3.     Behram Khurshid Pesikaka v. State of Bombay

4.     Sagir Ahmed v. State of Uttar Pradesh



Statutory Laws Related to Doctrine of Eclipse

  1. C.P. and Berar Motor Vehicles Amendment Act, 1947: An example of a law affected by the Doctrine of Eclipse.



Key Points

  • The Doctrine of Eclipse applies to pre-constitutional laws conflicting with fundamental rights.
  • Such laws are not void but unenforceable until the inconsistency is removed.
  • It ensures legal continuity and adaptability of pre-constitutional laws.



MCQs for UPSC Exam

Question 1:

The Doctrine of Eclipse in the Indian Constitution refers to:

a) The temporary suspension of certain fundamental rights during a state of emergency
b) The subordination of state laws to the central laws in case of a conflict
c) The limited applicability of certain constitutional provisions to specific regions or communities
d) The validity of pre-constitutional laws that are inconsistent with the Constitution

Answer: d) The validity of pre-constitutional laws that are inconsistent with the Constitution

Explanation: The Doctrine of Eclipse ensures that pre-constitutional laws inconsistent with the Constitution are not void but unenforceable until the inconsistency is removed.


Question 2:

According to the Doctrine of Eclipse, pre-constitutional laws that are inconsistent with the Constitution:

a) Are entirely null and void
b) Are rendered void to the extent of the inconsistency
c) Can be amended to align with the Constitution
d) Are automatically repealed upon the adoption of the Constitution

Answer: b) Are rendered void to the extent of the inconsistency

Explanation: The Doctrine of Eclipse states that such laws are not entirely null but unenforceable only to the extent of their inconsistency with fundamental rights.


Question 3:

The Doctrine of Eclipse is based on the principle that:

a) Fundamental rights are inviolable and cannot be compromised
b) The Constitution is the supreme law of the land
c) Pre-constitutional laws should be given priority over the Constitution
d) Judicial review is essential to uphold the constitutional validity

Answer: b) The Constitution is the supreme law of the land

Explanation: The doctrine ensures that all laws must comply with the Constitution, highlighting its supremacy.


Question 4:

Which of the following cases is associated with the Doctrine of Eclipse?

a) Golaknath v. State of Punjab
b) Kesavananda Bharati v. State of Kerala
c) Bhikaji Narain Dhakras v. State of Madhya Pradesh
d) Minerva Mills v. Union of India

Answer: c) Bhikaji Narain Dhakras v. State of Madhya Pradesh

Explanation: This case was crucial in formulating the Doctrine of Eclipse in Indian constitutional law.


Question 5:

The Doctrine of Eclipse applies to:

a) Post-constitutional laws
b) Both pre and post-constitutional laws
c) Only pre-constitutional laws
d) Only laws affecting non-citizens

Answer: c) Only pre-constitutional laws

Explanation: The doctrine specifically addresses laws formulated before the commencement of the Indian Constitution.


Question 6:

The Doctrine of Eclipse can revive a law if:

a) The President of India gives assent
b) The Parliament passes a new law
c) The inconsistency with fundamental rights is removed
d) The Supreme Court declares it valid

Answer: c) The inconsistency with fundamental rights is removed

Explanation: If the fundamental right that was infringed is amended or the inconsistency is otherwise removed, the law becomes fully operative again.


Question 7:

Which Article of the Indian Constitution is directly associated with the Doctrine of Eclipse?

a) Article 14
b) Article 19
c) Article 32
d) Article 13

Answer: d) Article 13

Explanation: Article 13(1) of the Indian Constitution states that laws inconsistent with fundamental rights shall be void to the extent of the inconsistency, forming the basis of the Doctrine of Eclipse.


Question 8:

In the case of Behram Khurshid Pesikaka v. State of Bombay, the Doctrine of Eclipse was used to:

a) Validate a post-constitutional law
b) Declare a pre-constitutional law void
c) Revive a law rendered unenforceable by a previous judgement
d) Establish the retrospective application of fundamental rights

Answer: c) Revive a law rendered unenforceable by a previous judgement

Explanation: The case illustrated the application of the Doctrine of Eclipse to revive a law affected by a previous judgement.


Question 9:

The Doctrine of Eclipse helps in:

a) Completely nullifying unconstitutional laws
b) Ensuring temporary validity of laws
c) Maintaining legal continuity
d) Enhancing judicial review powers

Answer: c) Maintaining legal continuity

Explanation: The doctrine ensures that pre-constitutional laws are not entirely void, thus maintaining legal continuity and allowing for future reconciliation with the Constitution.


Question 10:

Which case clarified that the Doctrine of Eclipse applies only to pre-constitutional laws and not post-constitutional laws?

a) Keshav Madhav Menon v. State of Bombay
b) Behram Khurshid Pesikaka v. State of Bombay
c) Sagir Ahmed v. State of Uttar Pradesh
d) Bhikaji Narain Dhakras v. State of Madhya Pradesh

Answer: c) Sagir Ahmed v. State of Uttar Pradesh

Explanation: The Supreme Court in this case ruled that the Doctrine of Eclipse is applicable only to laws made before the commencement of the Constitution, not after.

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