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Doctrine of Eclipse

Constitutional & Public Law Doctrines

Definition

The principle that pre-constitutional laws that violate Fundamental Rights (under Article 13(1)) do not become null ab initio; they remain dormant and overshadowed by the Fundamental Right. If a constitutional amendment removes the inconsistency, the pre-constitutional law revives on its own.

Example

In Bhikaji Narain Dhakras v. State of Madhya Pradesh, a 1948 provincial law creating a State motor transport monopoly was eclipsed by Article 19(1)(g), but revived automatically once the First Constitutional Amendment permitted State monopolies under Article 19(6).