Doctrine of Eclipse | Constitution of India

Doctrine of Eclipse

The doctrine of eclipse states that any law that violates fundamental rights is not invalid or void ab-initio. It is only eclipsed and hence non-enforceable by the law. 

It may come out of the shadow whenever the fundamental right which was violated by the law is struck down, the law becomes active again. 

Elements of Doctrine of Eclipse

• It should be Pre-constitutional law
• Must be in conflict with fundamental right
• the law doesn't 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.

Bhikaji v State of MP AIR 1955:

The MP Government passed an Act in the year 1950 for nationalizing the motor transport and the Act was passed before the commencement of the constitution. The statute was challenged by the petitioner under Article 19(1)(g) of the constitution. The Central Government amended the Act that enabling the state to nationalize the motor transport. The apex court held that the statute of Madhya Pradesh State of nationalizing the motor transport was cured by the 4th Amendment Act 1955 and therefore the Doctrine of Eclipse has been applied and such Act is valid.