Discussion
The Supreme Court of India formulated the doctrine of eclipse in
Answer: A
The doctrine of eclipse was formulated in Bhikaji Narain Dhakras v. State of Madhya Pradesh (1955).
The Supreme Court held that a pre-Constitution law that conflicts with a fundamental right is not dead but only overshadowed, eclipsed, to the extent of the conflict. When the conflict is removed, as by a constitutional amendment, the law revives.
Bashesharnath v. Commissioner of Income Tax (1959) later dealt with the effect of such a law on persons and waiver of a fundamental right. State of West Bengal v. Anwar Ali Sarkar (1952) concerned equal protection of the laws, and Maneka Gandhi v. Union of India (1978) concerned the width of Article 21. None of them formulated the doctrine.
Post your comment
Please log in or register to post a comment.
Examination Categories
- SSC Exams
- Banking Exams
- Teaching Exams
- Civil Services Exams
- Railways Exams
- Engineering Recruitment Exams
- Defence Exams
- State Government Exams
- Police Exams
- Insurance Exams
- Nursing Exams
- Other Government Exams
- NRA CET
- PG Entrance Exams
- Campus Placement
- MBA Entrance Exams
- CUET and UG Entrance
- Judiciary Exams
- Regulatory Body Exams
- Software Development