doctrine of eclipse this basically relates to the fact that 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. however this does not imply that such laws cease to exist, for another decision may hold such law valid and in which case the eclipse cast upon the law would be removed and it would be implementable again. an example of this is Section 309 of the Indian Penal Code which the Supreme Court in the case of P. Ratinam held as unconstitutional. however it remained in the IPC and therefore it was under eclipse. However when a constitutional bench in Gian Kaur case reversed this decision and held Section 309 as constitutional, the eclipse was removed and it because operable again. an example of a provision which remains in eclipse presently is of Section 301 which has been declared as unconstitutional by the Supreme Court. now till the time this decision is reversed or the provision is removed from IPC, it will remain under eclipse.

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