Doctrine of Eclipse

Doctrine of Eclipse

It is based on the principle that a law which violates fundamental rights, will not be declared null or void ab initio but it becomes, only unenforceable i.e. remains in a moribund condition.The term Eclipse in the doctrine means "It is over-shadowed by the fundamental rights and remains dormant, but it is not dead." 

moribund condition being in the state of dying

ab initio from the beginning

Doctrine of Eclipse

For solving such a problem, Supreme Court formulated the doctrine of eclipse in Bhikhaji v. State of M.P., AIR 1955 S.C. 781. In this case the provisions of C.P. and Berar Motor Vehicles (Amendment) Act 1948 authorised the State Government to take up the entire motor transport business in the Province to the exclusion of motor transport operators. This provision though valid when enacted, but became void on the commencement of the Constitution in 1950 as they violated Article 19(1)(g) of the Constitution. However, in 1951 Clause (6) of Article 19 was amended by the Constitution (1st Amendment Act) so as to authorise the Government to monopolise any business. The Supreme Court held that the effect of the amendment was to remove the shadow and to make the impugned Act free from blemish or infirmity. It became enforceable against citizens as well as non-citizens after the constitutional impediment was removed. This law was eclipsed for the time being by the fundamental rights. As soon as the eclipse is removed, the law begins to operate from the date of such removal

Watch awesome videos

learning with himanshu CLass 9 MCQ Class 10 MCQ doctrine of severability in hindi doctrine of severability in english doctrine of waiver in indian constitution in hindi doctrine of waiver in hindi doctrine of eclipse doctrine of eclipse indian constitution in hindi doctrine of eclipse and doctrine of severability doctrine of judicial precedent doctrine of judicial review doctrine of judicial review in india doctrine of prospective overruling doctrine of holding over