Legal Explainer: The Doctrine of Eclipse in Indian Constitutional Law

 Legal Explainer: The Doctrine of Eclipse in Indian Constitutional Law

The Doctrine of Eclipse is a principle in constitutional law that states that a law that violates fundamental rights is not void ab initio (from the beginning) but becomes inactive or inoperative. However, if the constitutional infirmity is removed, the law can become valid again.

Key Features of the Doctrine:

1. Applies Only to Pre-Constitutional Laws:
   • It applies to laws enacted before the commencement of the Indian Constitution (1950) that conflict with fundamental rights.
2. Law is Not Dead, Only Dormant:
   • The law is not completely invalid; it remains in a state of “eclipse” until the conflict is removed.
3. Revival of the Law:
   • If a constitutional amendment or change in circumstances removes the contradiction, the law becomes effective again without needing re-enactment.

Application in Indian Law:

• Used to reconcile pre-Constitutional laws with Fundamental Rights under Article 13(1) of the Indian Constitution.
• Ensures judicial restraint, allowing Parliament to amend the Constitution to restore such laws.

Landmark Judgment:

• Bhikaji Narain Dhakras v. State of Madhya Pradesh (1955): The Supreme Court ruled that pre-Constitution laws inconsistent with Fundamental Rights are not void but only unenforceable, and they can revive if the inconsistency is removed.

Significance:

• Prevents unnecessary invalidation of pre-existing laws.
• Balances legislative authority and constitutional supremacy.
• Allows for flexibility in legal interpretation, ensuring that laws adapt to constitutional changes.

The Doctrine of Eclipse is crucial in preserving legal continuity while upholding the supremacy of Fundamental Rights in India.