Discussion
The ‘doctrine of eclipse’ has been held apply only to :
Answer: B
The keyed answer is pre-constitutional laws.
The doctrine of eclipse was laid down in Bhikaji Narain Dhakras v. State of M.P. (1955). A pre-constitutional law inconsistent with a fundamental right is not void from the start; under Article 13(1) it is only overshadowed (eclipsed) by the fundamental right and remains in force for transactions before the Constitution. If the fundamental right is later amended to remove the inconsistency, the eclipse is removed and the law revives.
In Deep Chand v. State of U.P. (1959) the Supreme Court held that a post-constitutional law violating a fundamental right is void from its inception under Article 13(2), so it cannot revive, which is why the doctrine is taught as confined to pre-constitutional laws. The doctrine is not limited to criminal laws.
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