Doctrine Of Eclipse

Doctrine of Eclipse Some laws are held unconstitutional by the courts. now in this scenario, the legal position that remains is that though the law exists in statute books, because of a court decision they are inoperable. Therefore in law there is an eclipse cast upon their implementation. Doctrine of eclipse deals with pre constitutional law Art 13(1). Art 13 provides that any law which made before the commencement of constitution must be consistent with the part III of the constitution . if any statue is inconsistence with the provisions of part III of the constitution such statue shall become void. At the same time such statue shall not be treat as Dead unless it is abolish by Parliament. It will be treated as dormant or remains eclipsed to the extent it comes under the shadow of the fundamental rights. Regarding the doctrine of eclipse few points need to be consider. It is held to be applied only the Pre Constitutional Laws, and not to be post constitutional laws. Bhikaji v/s State of MP AIR 1955 The MP Government passed an Act in the year 1950 for nationalizing the motor transport before commencement of the constitution. The statue was challenge by the petitioner under Art 19(1)(g). The Center Govt. Amended Act 1955 on 27-4-1955 enabling the state to nationalize the motor transport. That SC held that the statue of MP sate State nationalizing the motor transport 1950 was cured by the 4th Amendment Act 1955 and therefore the Doctrine of Eclipse has been applied and the such Act is valid.