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  • What Is Doctrine of Eclipse

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    Akshat Kautsh
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    The Doctrine of Eclipse says that any law inconsistent with Fundamental Rights is not invalid but rather "overshadowed" by fundamental rights. The inconsistency can be removed through a constitutional amendment, which would make the entire law valid again by removing the "eclipse." For example, when an Indian court ruled a section of the penal code unconstitutional, it was placed under eclipse. But when a higher court later reversed this decision and upheld the section's constitutionality, the eclipse was removed and the section became operable once more.

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    Explains Doctrine of Eclipse

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    What is Doctrine of Eclipse

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    The Doctrine of Eclipse says that any law inconsistent with Fundamental Rights is not invalid but rather "overshadowed" by fundamental rights. The inconsistency can be removed through a constitutional amendment, which would make the entire law valid again by removing the "eclipse." For example, when an Indian court ruled a section of the penal code unconstitutional, it was placed under eclipse. But when a higher court later reversed this decision and upheld the section's constitutionality, the eclipse was removed and the section became operable once more.

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    © All Rights Reserved
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    10 views1 page

    What Is Doctrine of Eclipse

    Uploaded by

    Akshat Kautsh
    The Doctrine of Eclipse says that any law inconsistent with Fundamental Rights is not invalid but rather "overshadowed" by fundamental rights. The inconsistency can be removed through a constitutional amendment, which would make the entire law valid again by removing the "eclipse." For example, when an Indian court ruled a section of the penal code unconstitutional, it was placed under eclipse. But when a higher court later reversed this decision and upheld the section's constitutionality, the eclipse was removed and the section became operable once more.

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    © All Rights Reserved
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    What is Doctrine of Eclipse?

    The

    Doctrine of Eclipse

    says that any law inconsistent with Fundamental Rights is not invalid. It is not dead totally but
    overshadowed by the fundamental right. The inconsistency (conflict) can be removed by
    constitutional amendment to the relevant fundamental right so that eclipse vanishes and the
    entire law becomes valid.
    Explanation
    þÿWhen a Court strikes a part of law, it becomes unenforceable. Hence, an eclipse is
    said to be cast on it. The law just becomes invalid but continues to exist. The eclipse is
    removed when another (probably a higher level court) makes the law valid again or an
    amendment is brought to it by way of legislation.

    The Supreme Court of India, in P Ratinam case, has held Section 309 of the Indian
    Penal Code, 1860 unconstitutional. Hence, the section was under eclipse. However, a
    constitutional bench in Gian Kaur case reversed this decision and held the section as
    constitutional whereby the eclipse was removed and it because operable again.

    CONSTITUTION OF INDIA FORMATION

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