The Doctrine of Eclipse

🔰The Doctrine of Eclipse🔰

🌼The Doctrine of Eclipse is a doctrinal principle that advocates the concept of fundamental rights being prospective. 

🍀If any law made by the Legislature is inconsistent with Part III of the Constitution, then that law is invalid and inoperative to the extent of it being overshadowed by the Fundamental Rights. 

🍀The laws are hidden by the relevant fundamental rights and the Eclipse is said to be cast on it.

🍀The inconsistency of the eclipsed law can be removed only, when the corresponding fundamental right is amended in future. 

🍀The shadowing is then removed and the law becomes automatically valid and operative again. 

🌼In other words, a law that violates fundamental rights remains in a moribund condition. The law is not dead, but is only sleeping. It becomes inoperative, unenforceable and takes the shape of a sleeping provision. It is not a nullity or void ab initio.

📝The term "void ab initio", means "to be treated as invalid from the outset".

🌼There are several Judgements concerned to the Doctrine of Eclipse. One of the landmark Judgements pertaining to the Doctrine of Eclipse in the case of Rathinam v. Union of India, is illustrated as below:

🌺Doctrine of Eclipse and section 309🌺

🌻The Doctrine is seen to extend to the provisions under the Indian Penal Code, as observed in the cases of Rathinam and Gian Kaur. 

🌻In the case of Rathinam v. Union of India, Section 309 of IPC that criminalizes attempt to suicide was challenged. 

🌻The Court drew a parallel between Article 19 and Article 21 and observed that Article 21 holds right to live, so it also induces right not to live and holds Section 309 to be unconstitutional, and therefore it was eclipsed.

🌻After two years, a five-judge constitutional bench in the case of Gian Kaur v. State of Punjab reversed the Judgment of Rathinam case and upheld the validity of Section 309.

🌻Thus, the Eclipse on Section 309 was removed and became operational again.

🌺Conclusion🌺

⚜In India, the Doctrine of Eclipse is one such theory that is said to safeguard the pre-constitutional laws from being completely wiped out. 

⚜It gives us a very refined, specific and nuanced aspect of the rule of law. 

⚜Theorists believe that if there was no Doctrine of Eclipse, then constitutionalism would have been compromised.

⚜This theory has helped to break the thin line between pre-constitutional laws and the post-constitutional laws. 

⚜It is a tool to harmonize the central dictates of the Indian Constitution.