Doctrine of Eclipse

Doctrine of Eclipse: - This doctrine which has been propounded in the case of Bhikaji v. State of Madhya Pradesh reveals that if any pre- constitutional law which is inconsistent with the Part –III fundamental rights of the Constitution of India, shall be void up to the extension of the inconsistency because such laws are eclipsed due to the enforceability of the fundamental rights, being eclipsed the laws are become dormant which can not be enforced. Before the enforcement of fundamental rights, the laws & their effects were valid. In this regard, such laws may be enforced or alive again but after removing the eclipse . The relevant case laws are as: - Keshavan Madhava Menon v. State of Bombay Saghir Ahmed v. State of Uttar Pradesh Deep Chand v. State of Uttar Pradesh State of Gujarat v. Sri Ambika Mills.