A PROJECT ON
DOCTRINE OF ECLIPSE-
TOOL TO INTERPRET THE CONSTITUTION
[Submitted as partial requirements for B.A.LL.B. (Hons.) 5 Year Integrated
Course]
Session: 2024-2025
Submitted on: 8th April 2025
Submitted By: Submitted To:
Saksham Gurjar Dr. Priyanka Joshi
Roll No. 100 Faculty
Semester-VI B
UNIVERSITY FIVE YEAR LAW COLLEGE
UNIVERSITY OF RAJASTHAN
JAIPUR
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DECLARATION
I, Saksham Gurjar hereby declare that this project titled “Doctrine of Eclipse- Tool to Interpret
the Constitution” is based on the original research work carried out by me under the guidance
and supervision of Dr. Priyanka Joshi
The interpretations put forth are based on my reading and understanding of original texts. The
books, articles, websites etc. which have been relied upon by me have been duly acknowledged
at the respective places in the text.
For the present project which I am submitting to the university, no degree or diploma has been
conferred on me before, either in this or any other university.
Date: 8 April 2025 Saksham Gurjar
Roll No. 100
Semester- VI B
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ACKNOWLEDGEMENT
In the accomplishment of this project successfully, many people have best owned upon me their
blessings and heart pledged support, this time I am utilising to thank all people concerned with
this project.
First of all, I would like to thank our Director Dr. Ankita Yadav for giving me an opportunity. I
would like to thank our supervisor Dr. Priyanka Joshi whose valuable guidance and suggestions
helped me complete this project within time.
I would like to thank librarian and library staff that have been great support throughout.
Saksham Gurjar
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CERTIFICATE
Dr. Priyanka Joshi DATE: 8 April, 2025
Faculty
University Five Year Law College
University of Rajasthan, Jaipur
This is to certify that Mr. Saksham Gurjar student of Semester 6 th, Section B of University Five
Year Law College, University of Rajasthan has carried out the project titled “Doctrine of Eclipse
: Tool to Interpret the Constitution ” under my supervision and guidance. It is an investigation
report of minor project. The student has completed research work in stipulated time and
according to norms prescribed for the purpose.
Supervisor
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TABLE OF CONTENTS
1. Title ........................................................................................................................ 1
2. Declaration ............................................................................................................. 2
3. Aknowledgement .................................................................................................... 3
4. Certificate ............................................................................................................... 4
5. Introduction ............................................................................................................ 6
6. Doctrine of Eclipse ................................................................................................. 7
7. Application of Doctrine of Eclipse ........................................................................... 8
8. Important Case Laws ...............................................................................................9
9. Conclusion ..............................................................................................................11
10. Bibliography .......................................................................................................... 12
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INTRODUCTION
The Doctrine of Eclipse states that any law inconsistent with fundamental rights is not invalid. It
is not dead but overshadowed by the fundamental right.
The inconsistency (conflict) can be removed by constitutional amendment. The amendment to
the relevant fundamental right will remove the eclipse, and the entire law becomes valid.
The doctrine states that while such a law exists, its enforceability is restricted. It becomes
unenforceable against citizens whose fundamental rights are violated by the law. However, it
may remain applicable to non-citizens who are not entitled to the same fundamental rights. The
doctrine does not entirely erase the law from the statute book but renders it dormant and
ineffective as it violates fundamental rights.
The Doctrine of Eclipse allows for remedying the conflict between the law and fundamental
rights through a constitutional amendment. Amending the relevant fundamental right removes
the eclipse, and the entire law becomes valid and enforceable again.
The doctrine of eclipse envisages fundamental rights as prospective in nature. It states that a pre-
constitutional law inconsistent with the fundamental rights is not a nullity or void ab initio but
only remains unenforceable, i.e., remains in a dormant state.
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DOCTRINE OF ECLIPSE
The Constitution of India, which came into force on January 26, 1950, brought with it a new
legal order. One of the significant aspects of this order was the inclusion of Fundamental Rights
under Part III of the Constitution, which aimed to protect the liberties of individuals and place
limitations on state power. With this change, a pertinent question arose regarding the fate of laws
enacted before the Constitution that were inconsistent with these new Fundamental Rights. To
address this issue, the Indian judiciary developed the Doctrine of Eclipse. This doctrine plays a
crucial role in maintaining continuity in the legal system while upholding the supremacy of the
Constitution.
The Doctrine of Eclipse essentially holds that any law made before the commencement of the
Constitution that is inconsistent with the Fundamental Rights is not null and void from the
beginning (not void ab initio), but becomes inoperative or dormant to the extent of the
inconsistency. This eclipse is not permanent; if the inconsistency is removed—either through a
constitutional amendment or by a change in circumstances—the law can revive and become
enforceable again.
The Doctrine of Eclipse allows for remedying the conflict between the law and fundamental
rights through a constitutional amendment. Amending the relevant fundamental right removes
the eclipse, and the entire law becomes valid and enforceable again.
The doctrine ensures that laws enacted before the commencement of the Constitution that
conflict with fundamental rights are not entirely annulled but merely rendered dormant. This
allows for the scope of revival of such laws in case there are changes in the fundamental rights
enshrined in the Constitution.
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APPLICATION OF DOCTRINE OF ECLIPSE
The doctrine draws authority from Article 13(1) of the Indian Constitution which states that;
“All laws in force in the territory of India immediately before the commencement of this
Constitution, insofar as they are inconsistent with the provisions of this Part, shall, to the extent
of such inconsistency, be void”. Laws, that are inconsistent with the fundamental rights, are not
held to be void ab initio. They are merely eclipsed and rendered inoperative as far as the
inconsistency is concerned.
If the inconsistency with fundamental rights is removed, either through constitutional
amendment or change in circumstances, the law becomes operative again. The law remains
applicable to individuals or entities who are not entitled to the protection of the relevant
fundamental right.The doctrine of eclipse applies exclusively to laws that were in force before
the Constitution came into effect.
The doctrine of eclipse has been held to apply only to the pre-constitution laws which are
governed by Article 13(1) and would not apply to post-Constitution laws which are governed by
Article 13(2). Article 13(2) of the COI states that the State shall not make any law which takes
away or abridges the rights conferred by this Part and any law made in contravention of this
clause shall, to the extent of the contravention, be void.
The doctrine is not applicable to post-constitutional laws since they are invalid from the very
inception because of being inconsistent with Part III; the same was held by the Supreme Court
in Deep Chand v. State of Uttar Pradesh. However, non-citizens can’t take any advantage of
the rule as the violation doesn’t impact them. The impugned law must be violative of the
fundamental rights, and then only can it be hidden or eclipsed.The law that turns out to be
violative of Part III does not become a nullity but just remains unenforceable & defective.
If the fundamental right that is violated by the impugned law is amended in the future, the law
automatically becomes operative.
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IMPORTANT CASE LAWS
Bhikaji Narain v. State of Madhya Pradesh
This landmark case laid the foundation to the doctrine of eclipse.
A law enacted before the Constitution, which granted exclusive rights to state-run transport
services, was challenged as being violative of Article 19(1)(g) (right to practice any profession or
trade).The Supreme Court held that the law was not void but merely inoperative due to its
inconsistency with fundamental rights. When Article 19(1)(g) was amended to allow reasonable
restrictions, the law revived and became enforceable.
Keshava Madhava Menon v. State of Bombay
In Keshava Madhava Menon v. State of Bombay, the Supreme Court of India addressed whether
pre-constitutional laws that conflicted with fundamental rights became void ab initio under
Article 13 of the Constitution.
The case involved a pre-constitutional law under which the petitioner was prosecuted for actions
that allegedly violated the law but were claimed to conflict with the fundamental rights
guaranteed by the Constitution.
This case clarified that Article 13 applies prospectively. A pre-constitutional law inconsistent
with fundamental rights is not void ab initio but remains inoperative as long as the inconsistency
persists. The Court emphasized that such laws are dormant and not completely obliterated.
Deep Chand v. State of Uttar Pradesh
In this case, the Supreme Court drew a distinction between pre-constitutional and post-
constitutional laws.
The Uttar Pradesh State Legislature passed the U.P. Transport Service (Development) Act, 1955,
which provided for exclusive state control over transport services. The Act was challenged on
the ground that it violated Article 19(1)(g) of the Indian Constitution, which guarantees the right
to practice any trade or profession. The petitioner argued that the law imposed unreasonable
restrictions and was inconsistent with the Constitution.
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The Supreme Court held that the doctrine of eclipse is applicable only to pre-constitutional laws
and not to post-constitutional laws. It reasoned that laws enacted after the commencement of the
Constitution, if found inconsistent with fundamental rights, are void ab initio (void from the
outset) and cannot be revived even if the inconsistency is later removed.
The Court emphasized that under Article 13(2) of the Constitution, the State cannot make any
law that takes away or abridges the fundamental rights. If such a law is enacted, it is null and
void at inception and has no legal existence.
State of Gujarat v. Ambica Mills Ltd.
In State of Gujarat v. Ambica Mills Ltd., the Supreme Court of India dealt with the application of
the Doctrine of Eclipse.
The case arose out of a challenge to the Gujarat State Industrial Development Act, which
imposed certain statutory obligations on industrial establishments. The main contention was
whether the provisions of the Act, being inconsistent with fundamental rights, could still be
enforced under specific circumstances.
The judgment emphasized that the doctrine is applicable only to pre-constitutional laws. Post-
constitutional laws that violate fundamental rights are considered void ab initio and cannot be
revived.The Supreme Court upheld the validity of the law in question by distinguishing its
application to entities or individuals not covered under the relevant fundamental right
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CONCLUSION
Thus the doctrine of eclipse provides for the validation of pre- constitution laws which violates
the fundamental rights provided undert Part III of the Indian Constitution on the premise that
such laws are not null and void ab initio but remains unforceable and in moribund condition only
to the extent of such inconsistency with the fundamental rights. If any subsequent amendment
made by the Parliament to the constitution which removes the inconsistency or the conflict of the
existing law with the fundamental rights, then the eclipse disappears and that particular law
becomes active again.
The Doctrine of Eclipse is one of the fairly subtle principles of the rule of law that has helped the
pre-constitutional laws from being wiped out altogether. It is imperative to mention here that the
applicability of this doctrine to post-constitutional laws is still somewhat of a grey area.
However, this doctrine has been effective in harmonizing the pre-constitutional and post-
constitutional positions with respect to various laws, such harmonization has ensured the triumph
of constitutionalism in every sense of the word.
The doctrine of eclipse plays an important role in harmonizing the continuity of laws with the
dynamic nature of constitutional principles. By rendering inconsistent pre-constitutional laws
dormant rather than void, the doctrine allows the laws to be operative again if the inconsistency
with fundamental rights is resolved.
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BIBLIOGRAPHY
Websites-
https://byjus.com
https://lawctopus.com
Books-
"Constitutional Interpretation" by S. P. Sathe
“The Construction of Statutes" by Crawford B. McPherson
"Constitutional Law of India" by M.P. Jain
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