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Which is the CORRECT formulation of the doctrine of 'eclipse' in Indian constitutional law?
APost-Constitution laws inconsistent with FRs are merely eclipsed and may revive
BFRs eclipse Directive Principles in every case
CA pre-Constitution law inconsistent with a Fundamental Right is void ab initio and cannot revive
DA pre-Constitution law inconsistent with a Fundamental Right is not void but eclipsed, and can revive if the FR is amended or repealed
Answer & Solution
Correct answer: D. A pre-Constitution law inconsistent with a Fundamental Right is not void but eclipsed, and can revive if the FR is amended or repealed
Bhikaji Narain Dhakras v State of MP (1955): a pre-Constitution law repugnant to an FR is not dead but overshadowed. Should the FR be later amended to remove the inconsistency, the eclipsed law revives. The doctrine does NOT apply to post-Constitution laws — those are void ab initio under Article 13(2).
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