Introduction

Doctrine of eclipse is contained in Article 13(1) of the Constitution of India, 1950 (COI). This doctrine deals with the pre-constitutional laws or existing laws.

What is the Doctrine of Eclipse?

• The law which has been valid at its inception but has become invalid on coming into force of the Constitution by reason of being inconsistent with the Fundamental Rights guaranteed in Part III of the Constitution is treated to be dormant but not dead and therefore if by the subsequent amendment of the Constitution, the inconsistency which has made it unconstitutional is removed, the law will become free from infirmity and will become enforceable.

What is Article 13(1) of the COI?

• Article 13 deals with the laws inconsistent with or in derogation of fundamental rights.
• Article 13(1) states that all laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.

What are the Elements of Doctrine of Eclipse?

• It should be a pre-constitutional law.
• It must be in conflict with fundamental rights.
• The law does not become a dead letter but only inoperative.
• If there is an amendment to the fundamental right in future it will automatically make the impugned law operative.

Does the Doctrine of Eclipse Apply to Post Constitutional Law?

• The doctrine of eclipse has been held to apply only to the pre-constitution laws which are governed by Article 13(1) and would not apply to post-Constitution laws which are governed by Article 13(2).
• Article 13(2) of the COI states that the State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.

What are the Landmark Case Laws of Doctrine of Eclipse?

• Deep Chand v. State of U.P. (1959):
  • The Supreme Court held that post-constitutional law made under Article 13(2) of the COI which contravenes a fundamental right is nullity from its inception and a still-born law. It is void ab initio.
• State of Gujarat v Ambica mills (1962):
  • The Supreme Court modified its view as expressed in Deep Chand case and stated that a post constitutional law which is inconsistent with the fundamental rights is not nullity or non-existent in all cases and for all purposes.