Indian Polity • ConstitutionHard
Analyze the legal implications of the doctrine of eclipse as evolved by Indian judicial interpretation under Article 13: 1. It applies to pre-constitutional laws that violate fundamental rights, rendering them dead and void ab initio from the inception of the Constitution. 2. Such laws are not completely wiped out from the statute book but remain eclipsed or dormant so long as the fundamental right continues to cast its shadow. 3. If the constitutional impediment is subsequently removed by a constitutional amendment, the dormant law becomes active and enforceable again. Which of the statements given above are correct?
A. 1 and 2 only
B. 2 and 3 only✓ Correct Answer
C. 1 and 3 only
D. 1, 2 and 3
💡 Solution & Explanation
Statement 2 and Statement 3 are correct because the doctrine of eclipse applies to pre-constitutional laws inconsistent with Part III, placing them in a dormant state rather than destroying them entirely, meaning an amendment lifting the restriction restores their validity. Statement 1 is incorrect because pre-constitutional laws are void only prospectively from the commencement of the Constitution, unlike post-constitutional laws which are void ab initio. The Bhikaji Narain Dhakras case is a landmark judgment establishing this constitutional principle.
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