Doctrine of Eclipse - UPSC Notes
The Doctrine of Eclipse is a crucial concept in Indian Constitutional Law, particularly relevant for the UPSC exam. Here's a breakdown for your preparation:
Understanding the Doctrine:
- This doctrine deals with the impact of pre-existing laws on fundamental rights enshrined in Part III of the Constitution.
- It states that if a law made before the commencement of the Constitution (pre-constitutional law) contradicts fundamental rights, the law doesn't become null and void.
- Instead, the law is considered to be in a state of suspension or 'eclipse' due to the overshadowing fundamental right.
Key Points to Remember:
- The doctrine applies only to pre-constitutional laws governed by Article 13(1) of the Constitution.
- Article 13(1) states that such laws will be void to the extent of their inconsistency with fundamental rights.
- The eclipsed law isn't dead but merely inoperative. It can be revived if the infringing fundamental right is itself amended in the future.
Doctrine vs Post-Constitutional Laws:
- It's important to distinguish this doctrine from laws made after the Constitution (post-constitutional laws).
- Article 13(2) deals with post-constitutional laws. Any law enacted after the Constitution that violates fundamental rights is considered void.
Significance for UPSC:
- Grasping the Doctrine of Eclipse is essential for understanding the relationship between pre-existing laws and fundamental rights.
- It highlights the supremacy of fundamental rights while acknowledging the validity of pre-existing laws under certain circumstances.
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