Short Note:
Q. Explain the Doctrine of Eclipse. (MGKV 2016,017,18, 22) (229 words).
The Doctrine of Eclipse, dictates that pre-constitutional laws conflicting with fundamental rights are not entirely void but are temporarily "eclipsed," meaning they become dormant or unenforceable. This allows for potential revival of these laws if the fundamental rights are amended to remove the conflict.
Key Aspects of the Doctrine of Eclipse:
- Applicability: Primarily applies to laws enacted before the Indian Constitution came into force (1950).
- Function: It prevents the complete nullification of pre-constitutional laws that might be temporarily inconsistent with the Constitution.
- Dormancy: The eclipsed law remains in a state of suspended animation, effectively unenforceable during the period of inconsistency.
- Revival: If the fundamental rights are later amended to remove the conflict, the eclipsed law automatically revives and regains its enforceability.
- Constitutional Basis: The doctrine is rooted in Article 13(1) of the Indian Constitution, which states that all laws inconsistent with fundamental rights are void to the extent of such inconsistency.
- Distinction from Severability: While the Doctrine of Eclipse focuses on the entire law being "eclipsed," the Doctrine of Severability allows for striking down only the unconstitutional parts while preserving the rest of the law.
Example
If a law passed before 1950 restricts freedom of speech (a fundamental right), it would be considered eclipsed. However, if the Constitution is later amended to remove that restriction, the law could potentially be revived and enforced