Which statement about the doctrine of eclipse is correct?
- A.It applies equally to pre-Constitution and post-Constitution laws that violate Fundamental Rights
- B.It applies to pre-Constitution laws, which remain dormant and may revive if the constitutional bar is removed
- C.It permits a court to strike down only the offending part of a statute
- D.It allows a citizen to give up a Fundamental Right voluntarily
Correct answer
Explanation
The correct answer is B. Article 13(1) makes a pre-Constitution law void only to the extent of its inconsistency with the Fundamental Rights, so the Supreme Court in Bhikaji Narain Dhakras, 1955, held that such a law is not erased but merely eclipsed, staying unenforceable until the shadow is lifted, after which it revives. Option A is wrong because Deep Chand, 1959, and Mahendra Lal Jaini, 1963, held that a post-Constitution law violating Fundamental Rights is still born under Article 13(2), a nullity from the beginning, so there is nothing left to revive. Option C is wrong because striking down only the offending part is severability, illustrated by A. K. Gopalan, 1950. Option D is wrong because waiver of a Fundamental Right was expressly ruled out in Basheshar Nath, 1959, the rights being founded on public policy.
Read the full article: Constitutional Doctrines: Cases, Articles and Exam Facts
Practice Questions
View allThe doctrine of eclipse was applied by the Supreme Court in which of the following cases?
- A.A. K. Gopalan versus State of Madras
- B.Bhikaji Narain Dhakras versus State of Madhya Pradesh
- C.K. C. Gajapati Narayan Deo versus State of Orissa
- D.Basheshar Nath versus Commissioner of Income Tax
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In that case a 1947 motor vehicles law of Central Provinces and Berar had become unenforceable because it clashed with the freedom of trade under Article 19(1)(g).
Read the full explanation →The doctrine of pith and substance is applied by courts mainly to decide questions relating to which of the following?
- A.Amendment of the Constitution
- B.Distribution of legislative powers between the Union and the States
- C.Enforcement of Fundamental Rights by writs
- D.Appointment of judges of the High Courts
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Article 246 read with the Seventh Schedule gives Parliament and the State Legislatures separate fields of law making, but subjects overlap in practice, so a court must find the true nature and character of the law, its pith and substance, and ignore incidental encroachment on the other list.
Read the full explanation →The maxim that what cannot be done directly cannot be done indirectly expresses which doctrine?
- A.Doctrine of territorial nexus
- B.Doctrine of colourable legislation
- C.Doctrine of eclipse
- D.Doctrine of waiver
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The doctrine means that a legislature cannot do by an indirect route what the Constitution forbids it to do directly; if it has no competence over a subject, no clever drafting can give it that competence.
Read the full explanation →In which case did the Supreme Court hold that a Fundamental Right cannot be waived by the person who holds it?
- A.Basheshar Nath versus Commissioner of Income Tax, 1959
- B.Deep Chand versus State of Uttar Pradesh, 1959
- C.State of Bombay versus F. N. Balsara, 1951
- D.Calcutta Gas Company versus State of West Bengal, 1962
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The petitioner had settled his tax liability under a provision later found to violate Article 14, and it was argued that by agreeing to the settlement he had waived his right to equality.
Read the full explanation →The doctrine of territorial nexus is drawn from which provision of the Constitution?
- A.Article 13(1)
- B.Article 245(2)
- C.Article 254(2)
- D.Article 368
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That clause says that no law made by Parliament shall be deemed invalid on the ground that it would have extra-territorial operation, and the courts have built on it the rule that a State law too may apply to an object or person outside the State if there is a…
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