6.2.3. Doctrine of Eclipse

Article 13(1) states that pre-constitutional laws will be void if they are inconsistent with any Fundamental Right. However, if such a Fundamental Right, which ‘eclipses’ the pre- constitutional law, is amended to the extent that the pre-constitutional law is no more inconsistent with the amended Fundamental Right, then such a law becomes valid again. Such a law is said to have come out of the eclipse caused by the Fundamental Rights. This judgment was given in Bhikhaji Narayan case(1955).

In the State of Gujarat vs Ambika Mills (1974) case and in Dulare Lodh vs ADJ Kanpur (1984) case, the Supreme Court opined that the Doctrine of Eclipse is applicable to both pre and post- constitutional laws.

However, this stance was reversed in the K.K. Poonacha vs State Of Karnataka & Others (2010) case, wherein the Supreme Court observed that the doctrine of eclipse will apply to only 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).