Introduction

The Doctrine of Eclipse is linked to Article 13 and its prospective nature.
It explains what happens to laws that conflict with Fundamental Rights.
Instead of being completely removed, such laws remain inactive for a time.

Meaning / Definition

The Doctrine of Eclipse means that a law violating Fundamental Rights is not completely void from the beginning.

• It becomes unenforceable (cannot be applied)
• It is overshadowed (covered) by Fundamental Rights
• It remains in a dormant (inactive) state

If the conflict is removed later, the law becomes active again.

Modes or Types

Pre-Constitution Laws

• Laws made before 26 January 1950

• Valid when made

• Become inconsistent after Constitution

• These laws:

  • Are not fully dead
  • Remain inactive due to Fundamental Rights
  • Can revive if the inconsistency is removed

Post-Constitution Laws

• Laws made after Constitution came into force

• If they violate Fundamental Rights:

  • They are void from the beginning (void ab initio)
  • They are considered still-born (invalid from start)
  • They cannot be revived later

Partial Application (Citizens vs Non-Citizens)

• Some Fundamental Rights apply only to citizens

• If a law violates such rights:

  • It is invalid for citizens
  • But may still apply to non-citizens

Meaning of “Law” under Article 13

The term “law” includes:

• Statutory laws (Acts, rules, regulations)
• Orders and notifications
• Bye-laws of statutory bodies
• Customs and usages

It does not include:

• Administrative instructions (guidelines without legal force)

Important Case Law

Bhikaji Narain Dhakras v. State of Madhya Pradesh

• Doctrine of Eclipse clearly explained
• Law became valid again after constitutional amendment

Deep Chand v. State of U.P.

• Doctrine does not apply to post-Constitution laws
• Such laws are void from the beginning

State of Gujarat v. Ambika Mills

• Law invalid for citizens may still apply to non-citizens

Keshavananda Bharati v. State of Kerala

• Parliament can amend Constitution including Fundamental Rights
• Helped clarify impact on such doctrines

Distinction / Comparison

Doctrine of Eclipse vs Doctrine of Severability

• Eclipse:

  • Law is inactive but not dead
  • Can revive later

• Severability:

  • Only invalid part removed
  • Remaining law continues

Pre-Constitution vs Post-Constitution Laws

• Pre-Constitution:

  • Valid initially
  • Become inactive (eclipsed)

• Post-Constitution:

  • Invalid from start if they violate rights
  • Cannot be revived

Practical Example

A law made in 1948 restricts business activities.
After 1950, it violates the right to trade under Fundamental Rights.

• The law becomes inactive (eclipsed)
• Later, if Constitution is amended to allow such restriction
• The law becomes active again automatically

Summary

• Doctrine of Eclipse is based on Article 13
• Law violating Fundamental Rights is not dead, only inactive
• Applies mainly to pre-Constitution laws
• Such laws can revive if inconsistency is removed
• Post-Constitution laws are void from the beginning
• Law may apply differently to citizens and non-citizens
• Helps balance continuity of laws with protection of rights