Doctrine of Eclipse : Meaning, Key Elements & Case Laws
Introduction
The Doctrine of Eclipse, as outlined in Article 13(1) of the Indian Constitution, applies to pre-constitutional or existing laws. It addresses laws that were enacted before the Constitution came into force and ensures their validity is subject to fundamental rights.
What is the Doctrine of Eclipse?
The prospective nature of Article 13(1) has given rise to the Doctrine of Eclipse. It provides for the validation of void laws. this is based on the principle that a law that violates fundamental rights is not nullity or void ab initio but becomes only unenforceable i.e., remains in a moribund condition, and it is over-shadowed or eclipsed by the fundamental rights and remains dormant, but it is not dead. It is not totally wiped out from the statute book. They are valid for all past transactions, i.e., transactions prior to the commencement of the Constitution. They also remain valid for the determination of rights of persons who have not been given fundamental rights by the Constitution.
The doctrine of eclipse is applied in relation to a pre-constitutional law (law enacted before 26th January 1950) which was valid when it was enacted. Subsequently, when the Constitution came into force a shadow falls on it because it is inconsistent with the Constitution. The Act is eclipsed. When the shadow is removed the pre-constitutional law becomes fully applicable and is free from infirmity.
The Supreme Court enunciated the doctrine of eclipse in the case of Bhikaji v. State of Madhya Pradesh, AIR 1955 SC 781 and held that such a law was not dead for all purposes. If the relevant fundamental right is amended then the effect would be “to remove the shadow and to make impugned Act free from all blemish or infirmity”. The law would then cease to be unconstitutional and become revivified and enforceable.
Key Elements of the Doctrine of Eclipse
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Applicable to Pre-Constitutional Laws – The doctrine applies only to laws that existed before the commencement of the Indian Constitution on 26th January 1950.
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Fundamental Rights as the Standard – Any pre-constitutional law that violates fundamental rights does not become void but remains inactive or eclipsed.
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Law Becomes Dormant, Not Dead – The unconstitutional part of the law is not completely struck down but remains inoperative until the restriction is removed.
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Only Affects Citizens’ Rights – The doctrine applies only when a law violates the fundamental rights of citizens; it does not impact non-citizens.
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Revival of the Law – If a constitutional amendment removes the conflict with fundamental rights, the eclipsed law automatically becomes active again without requiring re-enactment.
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Does Not Apply to Post-Constitutional Laws – Laws made after 26th January 1950 that violate fundamental rights are completely void and cannot be revived.
Does the doctrine of eclipse apply to a post-Constitutional law?
Article 13(2) deals with post-Constitution or future laws [while clause (1) deals with pre-Constitution or existing laws]. As distinguished from clause (1), clause (2) makes the inconsistent laws void ab initio (void from their very inception or still-born law) and even convictions made under such laws shall have to be set aside. Also, such laws cannot be revived by subsequent amendments of the Constitution. It is to be noted that in both clauses (1) and (2) of Article 13, a declaration by the court of their invalidity will be necessary, to make the laws invalid.
The doctrine of eclipse has been held to apply only to the pre-constitutional laws which are governed by Article 13(1) and would not apply to post-constitutional laws under Article 13(2). The reason is that while a pre-constitutional law was valid when enacted and therefore was not void ab initio. In the case of Saghir v. State of Uttar Pradesh, AIR 1954 SC 728, the Supreme Court held that the doctrine of eclipse cannot apply to such a law (Article 13(2)) and it cannot receive even if the relevant fundamental right is amended later to remove the hurdle in the way of such a law.
In short :- No, the Doctrine of Eclipse does not apply to post-constitutional laws (laws made after January 26, 1950). It only applies to pre-constitutional laws that were valid when enacted but became inconsistent with the Fundamental Rights after the Constitution came into force.
Landmark Cases :
Deep Chand v. State of Uttar Pradesh (1959),
In the cases of Deep Chand v. State of U.P., AIR 1959 SC 648 and Mahendra Lal Jaini v. State of U.P., AIR 1963 SC 1019, the Supreme Court has held that the doctrine of eclipse applies only to pre-Constitutional law, and not to post-Constitutional law, because voidness of latter is from its very inception and such a law cannot exist for any purpose. A pre-Constitutional law which violates fundamental rights remains valid till the commencement of the Constitution.
State of Gujarat v. Ambica Mills (1974)
Later, in the case of State of Gujarat v. Ambica Mills Ltd, AIR 1974 SC 1300, it was held by the Supreme Court that a post-Constitutional law which is inconsistent with fundamental rights is not nullity or non-existent in all cases and for all purposes. After the Ambica Mills judgment, the doctrine of eclipse applies to both pre and post Constitutional laws.
L. Jagannath v. Authorized Officer (1972)
In the case of L. Jagannath v. Authorized Officer, AIR 1972 SC 425, the Supreme Court held that if an Act is declared unconstitutional on the pretext of Article 13(2), it can be revived only when it is put in Ninth Schedule because Article 31B cures the defect of the Act with retrospective effect.
Dulare Lodh v. Additional District Judge, Kanpur (1984)
In the case of Dulare Lodh v. Additional District Judge, Kanpur, AIR 1984 SC 1260, the Supreme Court applied the doctrine of eclipse to post-Constitutional law even against citizens. By virtue of the Amendment Act, 1976, the decree which was lying dormant and could not be executed became executable. A ‘void’ statute can be revived by constitutional amendment, by virtue of Article 31B such curing of defect took place with retrospective operation from the date on which the Acts were put on the statute book.
Conclusion –
We hope You now understand the meaning of Doctrine of Eclipse and its key elements through the discussed case laws.
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