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.
More Indian Polity Constitution questions
- Examine the legal mechanics of constitutional amendments under Article 368: 1. A constitutional amendment…
- Under which Constitutional Amendment Act were the terms 'Socialist', 'Secular', and 'Integrity' added to the…
- Under which Article of the Indian Constitution is the High Court of Chhattisgarh established with…
- Which Constitutional Amendment Act reduced the voting age in India from 21 years to 18 years?
- Which of the following Articles under Part III of the Indian Constitution prohibits the employment of…