The Doctrine of Eclipse

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Offline Nahid Afreen

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The Doctrine of Eclipse
« on: November 09, 2018, 11:20:10 PM »
The Doctrine of Eclipse says that any law inconsistent with Fundamental Rights is not invalid. It is not dead totally but overshadowed by the fundamental right. The inconsistency (conflict) can be removed by constitutional amendment to the relevant fundamental right so that eclipse vanishes and the entire law becomes valid.

Explanation
When a Court strikes a part of law, it becomes unenforceable. Hence, an 'eclipse' is said to be cast on it. The law just becomes invalid but continues to exist. The eclipse is removed when another (probably a higher level court) makes the law valid again or an amendment is brought to it by way of legislation.
The Supreme Court of India, in P Ratinam case, has held Section 309 of the Indian Penal Code, 1860 unconstitutional. Hence, the section was under eclipse. However, a constitutional bench in Gian Kaur case reversed this decision and held the section as constitutional whereby the eclipse was removed and it because operable again.

Source: https://www.lawnotes.in/Doctrine_of_Eclipse
Nahid Afreen
Assistant Professor
Department of Law (FHSS)
Daffodil International University,
Advocate, Supreme Court of Bangladesh
Email: afreen.law@diu.edu.bd

Offline tokiyeasir

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Re: The Doctrine of Eclipse
« Reply #1 on: November 10, 2018, 10:35:44 AM »
Thanks for sharing with us.......

Offline Nahid Afreen

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Re: The Doctrine of Eclipse
« Reply #2 on: November 28, 2018, 06:01:52 AM »
Anytime.
Nahid Afreen
Assistant Professor
Department of Law (FHSS)
Daffodil International University,
Advocate, Supreme Court of Bangladesh
Email: afreen.law@diu.edu.bd