Doctrine of Eclipse

The doctrine of eclipse provides for the validation of the void laws. This doctrine is based upon the premise that a law which violates the fundamental rights is not null or void ab initio but becomes enforceable i.e. remains in moribund condition. The law is not dead but is overshadowed by the fundamental rights. If by subsequent amendment fundamental rights are amended in such a way as to give way to these laws, then these laws will again become active.


3 Comments

  1. XYZ

    April 1, 2015 at 12:31 am

    these laws which violate the fundamental rights are pre constitutional or post constitutional?

    Reply
    • Surbhi Warkade

      April 20, 2021 at 6:11 pm

      they are pre constitutional

      Reply
  2. Aasrita

    April 3, 2015 at 4:03 pm

    I think they are pre constitutional.

    Reply

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