Doctrine of Eclipse

  • Pooja Suresh Jaiswal
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  • Pooja Suresh Jaiswal

    Student at Thakur Ramnarayan College of Law, Dahisar East, Mumbai, India

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Doctrine of eclipse is contended in Article 13(1) of the Indian charter. Article thirteen states that any law which become made before the graduation of the charter have to be regular with the component III of the Indian charter. If any statue that's inconsistence with the provisions supplied underneath element III of the Indian constitution such statue shall emerge as void. on the same time such statue shall no longer be treated as useless but can be within the moribund condition till and until it's far abolished through the Parliament. As a result, any regulation prior to independence if it infringes or is in battle with the fundamental rights then it need to be void up to that inconsistency. It does not make the complete law void however that a part of law that's inconsistent with part-III of the Indian constitution could be void. The regulation isn't dead however can be in moribund circumstance and is at disposal of parliament. If any subsequent amendment to the Constitution removes the inconsistency or contradiction of the existing law with the fundamental rights, then the Eclipse will disappear and that particular law will again become active.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 1053 - 1059


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