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The doctrine of eclipse was first evolved by the Supreme Court in a case challenging the C.P. and Berar Motor Vehicles Amendment Act, 1947. Identify the case.
Answer & Solution
Correct answer: D.
1. The doctrine of eclipse was evolved in **Bhikaji Narain Dhakras v. State of M.P., AIR 1955 SC 781**.
2. The C.P. and Berar Motor Vehicles Amendment Act, 1947 had created a State monopoly in motor transport. It was valid when enacted but became inconsistent with Article 19(1)(g) on the commencement of the Constitution.
3. The First Amendment, 1951 then permitted such State monopolies. The Court held the original Act was **not dead, only eclipsed** by the fundamental right, and the eclipse was removed by the constitutional amendment.
4. *A.K. Gopalan* is the severability case; *Charanjit Lal* deals with single-person law under Article 14; *Golaknath* concerns amendability of Part III. None of them set out the eclipse doctrine.
_Source: ICSI CS Executive — Lesson 2, 'Doctrine of Eclipse', p. 32._
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