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.
XYZ
April 1, 2015 at 12:31 amthese laws which violate the fundamental rights are pre constitutional or post constitutional?
Surbhi Warkade
April 20, 2021 at 6:11 pmthey are pre constitutional
Aasrita
April 3, 2015 at 4:03 pmI think they are pre constitutional.