Q. Consider the following statements regarding the Doctrine of Eclipse: - A pre-constitutional law inconsistent with the Fundamental Rights is not void, but dormant.
- Such a law remains operative for persons who do not enjoy Fundamental Rights.
- Once the inconsistency is removed, the law revives and becomes enforceable.
- The Doctrine of Eclipse applies equally to both pre- and post-constitutional laws.
Which of the above statements is / are correct?
Answer:
Only 1, 2 and 3
Notes: The Doctrine of Eclipse states that a pre-constitutional law inconsistent with Fundamental Rights is not void but dormant (Statement 1). Such laws remain operative for non-citizens or those not entitled to the rights (Statement 2). They can be revived if inconsistency is removed (Statement 3). The doctrine applies only to pre-constitutional laws; Statement 4 is incorrect.