Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
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).