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Doctrine of Eclipse

The Doctrine of Eclipse in Indian constitutional law addresses the relationship between pre-constitutional laws and fundamental rights, stating that inconsistent laws are not nullified but remain inoperative until amended. Landmark cases such as Keshavan Madhava Menon v. State of Bombay and Behram Khurshid Pesikaka v. State of Bombay illustrate the doctrine's implications, emphasizing the prospective nature of Article 13(1) and the adaptability of laws in a changing society. This doctrine allows outdated laws to remain on the statute books, preventing legal chaos while aligning with constitutional values.

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47 views

Doctrine of Eclipse

The Doctrine of Eclipse in Indian constitutional law addresses the relationship between pre-constitutional laws and fundamental rights, stating that inconsistent laws are not nullified but remain inoperative until amended. Landmark cases such as Keshavan Madhava Menon v. State of Bombay and Behram Khurshid Pesikaka v. State of Bombay illustrate the doctrine's implications, emphasizing the prospective nature of Article 13(1) and the adaptability of laws in a changing society. This doctrine allows outdated laws to remain on the statute books, preventing legal chaos while aligning with constitutional values.

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aryan
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De Facto IAS

Concept Note for Judicial Services Exam

Doctrine of Eclipse
The Doctrine of Eclipse is a crucial judicial Landmark Case: Keshavan Madhava
principle in Indian constitutional law that Menon v. State of Bombay
addresses the interaction between The case of Keshavan Madhava Menon v.
pre-constitutional laws and the fundamental State of Bombay (1951) significantly shaped
rights enshrined in the Constitution of India. the understanding and application of the
Doctrine of Eclipse.
This doctrine stipulates that any law
inconsistent with the fundamental rights is not In this case, Keshavan was prosecuted under
nullified but remains inoperative until it is the Indian Press (Emergency Powers) Act of
amended to align with the Constitution. 1931 for a pamphlet published in 1949, post
the enactment of the Constitution. He argued
Genesis of the Doctrine of Eclipse that the Act was void as it contravened Article
The Doctrine of Eclipse is rooted in the 19(1)(a) (freedom of speech and expression).
interpretation of Article 13 of the Indian
Constitution. Article 13(1) asserts that all laws The Supreme Court of India, through this
in force prior to the Constitution, to the extent case, addressed two critical issues:
of their inconsistency with the fundamental ➢ Retrospectivity of Fundamental Rights:
rights, become unenforceable. The Court concluded that fundamental
rights do not have retrospective effect.
However, these laws are not erased from the This means the rights enumerated in the
statute books; they are merely overshadowed Constitution could not be applied to laws
or "eclipsed" by the fundamental rights and or actions before its commencement.
can be revived if the inconsistencies are Hence, at the time of Keshavan's act, the
removed. fundamental rights were not in effect.

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➢ Prospective Nature of Article 13(1): The


Court also affirmed that Article 13(1) is

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De Facto IAS
Concept Note for Judicial Services Exam

prospective, implying that only those However, Justice Das disagreed,


laws that are inconsistent with the emphasising that the law remains until
fundamental rights post-constitution are formally amended or repealed, aligning with
affected by this article. the spirit of the Doctrine of Eclipse.

Behram Khurshid Pesikaka v. State of


Bombay
Following Keshavan, another significant case
that dealt with the Doctrine of Eclipse was
Behram Khurshid Pesikaka v. State of
Bombay (1955).

This case involved Section 66(b) of the


Bombay Prohibition Act, which was Adaptability and Continuity
challenged based on a prior decision (State The adaptability facilitated by the Doctrine of
of Bombay v. F.N. Balsara) that declared part Eclipse is critical in a diverse and evolving
of the same Act unconstitutional. society like India. Laws enacted during
different historical contexts can often become
The Supreme Court had to determine the outdated or incompatible with the progressive
effects of such a declaration on the mandates of the Constitution.However, rather
enforceability of the Act. than invalidating such laws completely, the
doctrine allows them to be
The case highlighted a debate on whether an eclipsed—rendered inactive until
unconstitutional part of a statute is "notionally appropriately amended.
obliterated" from the statute book. Chief
Justice Mahajan suggested that such parts This process avoids the chaos and legal
are null and void and should be considered vacuum that might ensue from the sudden
obliterated for assessing citizens' rights. removal of established laws, providing a
buffer that allows the legal system to adapt
smoothly to new constitutional values.

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