Definition
Temporary suspension.
Law becomes inoperative due to conflict with fundamental rights.
Etymology & Origin
Derived from the astronomical phenomenon where one celestial body obscures another. Here, a Fundamental Right 'eclipses' an inconsistent law.
Full Legal Analysis
The Doctrine of Eclipse applies to pre-constitutional laws (laws made before 1950) that clash with the Fundamental Rights guaranteed by the Constitution. Under Article 13(1), such inconsistent laws become void.
However, the doctrine dictates that the law does not die completely; it is not wiped off the statute book. Instead, it is merely 'eclipsed' or overshadowed by the Fundamental Right, becoming dormant and unenforceable against citizens.
Initially applied only to pre-constitutional laws, the Supreme Court later clarified that the doctrine can also apply to post-constitutional laws regarding non-citizens (who don't enjoy all fundamental rights) or if a constitutional amendment subsequently cures the legislative defect.
The foundational case for the doctrine. A pre-constitution state law nationalizing motor transport was eclipsed by Article 19(1)(g). When the First Amendment later allowed state monopolies, the eclipse lifted and the law became operative again.
Advocates use this doctrine when interpreting old statutes, examining whether a previously struck-down provision has been revived by recent constitutional amendments.
This Term in Indian Statutes
Constitution of India, 1950
"All laws in force... insofar as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void."
The basis for eclipsing pre-constitutional laws.
