Simone Lawson
The Doctrine of Eclipse is a significant principle in Indian constitutional law that addresses the relationship between pre-constitutional laws and the fundamental rights enshrined in the Constitution of India. This doctrine, contained in Article 13(1) of the Constitution, ensures that pre-existing laws that conflict with fundamental rights are not rendered entirely void but are temporarily inoperative, awaiting reconciliation through constitutional amendments. It recognises the historical context of pre-constitutional laws while upholding the supremacy of the Constitution and safeguarding fundamental rights. The doctrine has evolved through various Supreme Court rulings, with its genesis often attributed to the case of Bhikaji Narain Dhakras v. State of Madhya Pradesh, where it was formally pronounced.
| Characteristics | Values |
|---|---|
| Type of Law | Pre-constitutional law |
| Nature of Law | Inconsistent with fundamental rights |
| Validity | Not invalid, null or void |
| Status | Inoperative, unenforceable, dormant |
| Applicability | Applicable to citizens and non-citizens |
| Amendment | Can be made valid with appropriate amendments |
| Revival | Can be revived if fundamental rights are amended |
| Constitutional Article | Article 13(1) of the Indian Constitution |
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What You'll Learn
- The Doctrine of Eclipse applies to pre-constitutional laws
- It does not apply to post-constitutional laws
- It deals with the relationship between fundamental rights and existing laws
- It ensures that laws are not rendered entirely void
- It allows for the revival of laws if there are changes in fundamental rights
The Doctrine of Eclipse applies to pre-constitutional laws
The Doctrine of Eclipse is a legal principle in India that deals with the relationship between fundamental rights and pre-existing laws that may be inconsistent with them. The doctrine applies to laws enacted before the Indian Constitution came into effect, which are referred to as "pre-constitutional laws".
The key elements of the Doctrine of Eclipse are as follows:
- Pre-constitutional law: As established in the case of Bhikaji Narain Dhakras and Ors v. State of Madhya Pradesh (1955), the doctrine applies specifically to pre-constitutional laws. These are laws that were enacted and enforced during the colonial period or under previous constitutional arrangements before the commencement of the Indian Constitution.
- Conflict with fundamental rights: The doctrine addresses the conflict between pre-constitutional laws and the fundamental rights guaranteed by the Indian Constitution. It recognises that these laws may violate the fundamental rights now enshrined in the Constitution.
- Inoperativeness rather than nullity: According to the doctrine, a pre-constitutional law that conflicts with fundamental rights does not become wholly invalid or null and void. Instead, it becomes inoperative or unenforceable against citizens whose fundamental rights would be violated by the law.
- Potential for future operativeness: The doctrine acknowledges the possibility of future amendments to the relevant fundamental right, which would automatically make the previously impugned law operative again. This means that the law can be enforced and applied once the conflict with fundamental rights is resolved through a constitutional amendment.
The Doctrine of Eclipse aims to maintain a balance between upholding the sanctity of fundamental rights and recognising the continued existence of pre-constitutional laws. By allowing these laws to remain dormant rather than annulling them entirely, the doctrine provides a framework for addressing inconsistencies between pre-existing laws and the Indian Constitution's mandates.
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It does not apply to post-constitutional laws
The Doctrine of Eclipse is contained in Article 13(1) of the Constitution of India, 1950 (COI). It applies to pre-constitutional laws that violate fundamental rights, allowing them to remain dormant until they can be brought into harmony with the constitutional framework through appropriate amendments.
However, it is important to note that the Doctrine of Eclipse does not apply to post-constitutional laws. This distinction is made clear in Article 13, which states that while pre-constitutional laws inconsistent with Part III of the Indian Constitution shall be void, no post-constitutional laws in contravention of Part III can be made, and if made, they are void from their inception. This distinction was emphasised in the case of Deep Chand v. State of U.P. (1959), where the Supreme Court held that a post-constitutional law made under Article 13(2) that contravenes a fundamental right is null from the beginning and cannot be revived.
The applicability of the Doctrine of Eclipse to post-constitutional laws has been a matter of debate, with some arguing that it is a grey area. However, the majority opinion holds that the doctrine is not applicable to post-constitutional laws, as they are considered invalid from the outset due to their inconsistency with Part III of the Constitution.
The distinction between pre-constitutional and post-constitutional laws under Article 13 is significant. While the Doctrine of Eclipse allows for the preservation of pre-constitutional laws by making them dormant until amended, post-constitutional laws that contravene fundamental rights are considered void and ineffective from the moment of their creation. This ensures the supremacy of the Constitution and the protection of fundamental rights.
In summary, the Doctrine of Eclipse, as outlined in Article 13(1) of the Indian Constitution, applies only to pre-constitutional laws and not to post-constitutional laws. This distinction upholds the sanctity of fundamental rights while recognising the historical context of pre-existing laws.
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It deals with the relationship between fundamental rights and existing laws
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. It is contained in Article 13(1) of the Constitution of India, 1950 (COI), which states that any law that was made before the commencement of the constitution must be consistent with Part III of the Indian Constitution.
The doctrine applies to laws enacted before the Constitution came into effect, commonly referred to as "pre-constitutional laws". These laws may have been in existence and enforced during the colonial period or under previous constitutional arrangements. The doctrine of eclipse does not apply to post-constitutional laws, which are governed by Article 13(2) of the COI.
The key elements of the doctrine of eclipse are as follows:
- Pre-constitutional law: As mentioned, the doctrine applies only to laws enacted before the Constitution's commencement.
- Conflict with fundamental rights: The law in question must directly conflict with the fundamental rights guaranteed by the Constitution.
- Inoperativeness rather than nullity: A law that conflicts with fundamental rights does not become wholly invalid or null and void. Instead, it becomes inoperative or unenforceable against citizens whose fundamental rights are violated by the law.
- Potential for future operativeness: If there is an amendment to the relevant fundamental right in the future, the previously impugned law automatically becomes operative again. This means that the law can be enforced and applied once the conflict with fundamental rights is resolved through a constitutional amendment.
The doctrine of eclipse aims to maintain a balance between safeguarding the sanctity of fundamental rights and recognising the continued existence of pre-constitutional laws. It allows these laws to remain dormant until they can be brought into harmony with the constitutional framework through appropriate amendments.
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It ensures that laws are not rendered entirely void
The Doctrine of Eclipse is a legal principle in India that deals with the relationship between fundamental rights and pre-existing laws that may be inconsistent with them. It is contained in Article 13(1) of the Constitution of India, 1950 (COI), and applies to laws enacted before the Constitution came into effect.
The doctrine states that any law that conflicts with fundamental rights is not rendered entirely void but is temporarily inoperative or overshadowed by the fundamental right. This means that the law is not considered a nullity or dead letter, but instead enters a state of eclipse, remaining dormant until the inconsistency is removed through a constitutional amendment. This ensures that laws are not wholly invalidated, allowing for the scope of their revival if there are changes to the fundamental rights enshrined in the Constitution.
The Doctrine of Eclipse was first formally pronounced in the case of Bhikaji Narain Dhakras and Ors v. State of Madhya Pradesh (1955). In this case, the petitioners challenged the C.P. & Berar Motor Vehicles (Amendment) Act, 1947, arguing that it violated their freedom of trade or profession under Article 19(1)(g). The Supreme Court applied the doctrine, holding that the law was not void but merely inoperative due to its inconsistency with fundamental rights. Subsequently, in 1951, the First Constitutional Amendment Act amended Article 19(1)(g), removing the eclipse and rendering the law enforceable.
The doctrine has evolved through various Supreme Court rulings and plays a crucial role in maintaining a balance between upholding the sanctity of fundamental rights and recognising the continued existence of pre-constitutional laws. It ensures that laws enacted before the Constitution are not entirely annulled but are temporarily dormant, allowing for their potential operativeness in the future if the relevant fundamental right is amended. This flexibility enables the Indian judiciary to uphold the supremacy of the Constitution while respecting the historical context of pre-existing laws.
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It allows for the revival of laws if there are changes in fundamental rights
The Doctrine of Eclipse is a legal principle in India that deals with the relationship between fundamental rights and pre-existing laws that may be inconsistent with them. It is contained in Article 13(1) of the Constitution of India, 1950 (COI), which states:
> "All laws in force in the territory of India immediately before the commencement of this Constitution, insofar as they are inconsistent with the provisions in Part III, shall, to the extent of such inconsistency, be void."
The doctrine applies exclusively to pre-constitutional laws, or laws that were enacted before the Constitution's commencement. It recognises that a pre-constitutional law inconsistent with fundamental rights is not void but remains inoperative as long as the inconsistency persists. In other words, it is in a state of eclipse or overshadowed by fundamental rights.
The Doctrine of Eclipse allows for the revival of laws if there are changes in fundamental rights. If the inconsistency with fundamental rights is removed, either through constitutional amendment or a change in circumstances, the law becomes operative again. This is because the law is only temporarily suspended due to the conflict with fundamental rights. Once the eclipse is removed, the law resumes its operation from the date of such removal. For example, in the case of Bhikaji Narain Dhakras v. State of Madhya Pradesh, the C. P. and Berar Motor Vehicles Amendment Act of 1947 was challenged for violating Article 19(1) (g). The Doctrine of Eclipse was applied, rendering the Act's provisions inoperative. However, in 1951, Article 19(1) (g) was amended, removing the eclipse and rendering the law enforceable.
The doctrine ensures that laws enacted before the Constitution are not entirely annulled but are merely dormant, allowing for their scope of revival if there are changes in the fundamental rights enshrined in the Constitution. This maintains a balance between safeguarding the sanctity of fundamental rights and recognising the continued existence of pre-constitutional laws.
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Frequently asked questions
The doctrine of eclipse is a legal principle in India that deals with the relationship between fundamental rights and pre-constitutional laws that may be inconsistent with them. It states that any law that conflicts with fundamental rights is not invalid but is instead overshadowed by those rights.
Pre-constitutional laws are laws that were enacted before the Indian Constitution came into effect.
The inconsistency can be removed by a constitutional amendment, which would make the previously impugned law operative again.
