The doctrine of eclipse deals with article 13 of the constitution of India. Article 13 protects our fundamental rights which are given part III of the constitution of India.
Article 13 (1) talks about the pre-independence laws
Article 13 (1) all the laws and orders in India shall become void after the commencement of the constitution so far if they are contrary to the fundamental rights.
Article 13 (2) talks about the post-independence laws
Article 13 (2) says that the state shall not make any law that is not consistent with part lIII of the constitution. If any law made after the commencement of the constitution by the state is inconsistent with part III The law will become void.
Article 13 (2) provides 2 points:
– The state will not make any law that is inconsistent with fundamental rights.
– If the state makes any law that is contrary to part III of the constitution, that law will become void ab initio.
According to the language of the doctrine of eclipse, it says that any law which is contrary or conflicting with the fundamental rights is not totally dead, but it is just overshadowed by the fundamental rights of citizens of India.
Elements of the doctrine of eclipse
– The law should be pre-constitutional
– It must be contrary to the fundamental rights
– The laws on which the doctrine of eclipse is applicable does not become void but they will remain appropriate for that time period.
– The law will come into its force once the amendment is done to remove its impurities.