Doctrine of Eclipse: The Doctrine of Eclipse, a fundamental principle within the Indian constitution, emphasizes the prospective nature of fundamental rights. It pertains to Article 13 of the Constitution of India, stipulating that any legislation conflicting with Part III of the Constitution is considered null and void. This nullity is due to the overshadowing effect of Fundamental Rights, likened to an eclipse. The inconsistency of the eclipsed law can only be rectified when the corresponding fundamental right is amended. Upon the removal of the Eclipse, the law automatically regains validity and becomes operational.
The Doctrine of Eclipse holds significant relevance for the UPSC IAS exam, particularly within the Polity subject of the Mains General Studies Paper-II syllabus and General Studies Paper-1 of the UPSC Prelims Syllabus.
The Doctrine of Eclipse in the Indian constitution is a legal idea about what happens to our important rights if the constitution is changed. It says that if a change to the constitution affects one of our important rights, that right doesn’t go away completely. Instead, it sort of goes to sleep temporarily. But if the change is undone later on, the right wakes up again. So, it’s like our rights take a nap for a while, but they can wake up again if things change back.
After the Indian Constitution was made, lots of old laws have been questioned in court because they go against people’s important rights. The Doctrine of Eclipse was created to keep an eye on this judicial review process. But it was only officially announced by the Supreme Court judges in the Bhikaji Narain Dhakras and Ors v. State of Madhya Pradesh case in 1955. Before that, it had already been used in a few other court cases.
The Doctrine of Eclipse in the Indian constitution has several key points:
The important features and characteristics of the Doctrine of Eclipse in Indian Constitution are as follows:
The Doctrine’s application expanded to the Indian Penal Code in cases such as Rathinam and Gian Kaur. In Rathinam v. Union of India, Section 309 of the IPC, which criminalizes suicide attempts, was contested. The court declared Section 309 unconstitutional, reasoning that Article 21 includes the right to live, which also encompasses the right not to live. However, a constitutional bench reversed the Rathinam decision and upheld the validity of Section 309 in Gian Kaur v. the State of Punjab, thus removing the Eclipse on Section 309 and reinstating its effectiveness.
In the case of I. C. Golaknath v. State of Punjab, the Punjab Security and Land Tenures Act of 1953 came under scrutiny for violating the fundamental right to own property and practice any profession. This case raised questions about the validity and limitations of Article 368. Initially, Article 368 restricted the amending powers of the Parliament Legislature, preventing it from amending fundamental rights. As a result, Article 368 was considered eclipsed.
However, this ruling was overturned in the landmark case of Kesavananda Bharati v. Union of India. In this case, the Parliament was granted the authority to amend fundamental rights under the Indian Constitution, removing the Eclipse from Article 368.
Below are some cases associated with the Doctrine of Eclipse:
The Doctrine of Eclipse states that any law which is inconsistent with fundamental rights is not invalid. It is not totally dead but overshadowed by the fundamental right. The inconsistency (conflict) can be removed by constitutional amendment.
These provisions are directly in consonance with the doctrine of severability. This doctrine states any provision of a statute which is against the Constitution will be severed from that act and will be considered void to that extent only.
Doctrine of eclipse really means that the inconsistent law not become a dead law but was eclipsed for the time being by fundamental right. The courts apply the doctrine of eclipse so that the shadow casted on that law will be removed and that law would get revived and operative.
According to the Doctrine of Territorial Nexus, laws made by a state legislature are not applicable outside that state, except when there is a sufficient nexus between the state and the object. This doctrine derives its authority from Article 245 of the Indian Constitution.
The Doctrine of Eminent Domain, an integral cornerstone of administrative law, is a principle that grants the government the right to appropriate private property for public use. This complex legal provision plays an essential role in maintaining public welfare, urban planning, and governmental authority.
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