MasteryExams
Indian Polity • ConstitutionHard

Which of the following doctrines formulated by the Supreme Court of India establishes that any law violating a Fundamental Right is not null ab initio in totality, but remains dormant or eclipsed to the extent of its inconsistency with Part III?

A. Doctrine of Pith and Substance
B. Doctrine of Eclipse✓ Correct Answer
C. Doctrine of Severability
D. Doctrine of Territorial Nexus

💡 Solution & Explanation

The Doctrine of Eclipse holds that a pre-constitutional law that violates a Fundamental Right is not void ab initio, but becomes inactive or overshadowed by the fundamental right; it remains dormant and can be revived if the constitutional restriction is removed by a constitutional amendment. Pith and Substance determines the true character of a legislative enactment. Severability separates unconstitutional provisions from valid ones.

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