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  • Doctrine of Eclipse

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    Dinesh Pattnayak
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    The doctrine of eclipse refers to laws that are found unconstitutional by courts but remain on the books. Such laws are considered "inoperable" but have not been removed. They remain under an "eclipse" until a future court upholds their validity and lifts the eclipse, making the law implementable once more. For example, Section 309 of the Indian Penal Code was held unconstitutional but later upheld, removing its eclipse. Currently, Section 301 remains under eclipse due to an unreversed court decision.

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    The doctrine of eclipse refers to laws that are found unconstitutional by courts but remain on the books. Such laws are considered "inoperable" but have not been removed. They remain under an "eclipse" until a future court upholds their validity and lifts the eclipse, making the law implementable once more. For example, Section 309 of the Indian Penal Code was held unconstitutional but later upheld, removing its eclipse. Currently, Section 301 remains under eclipse due to an unreversed court decision.

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    Attribution Non-Commercial (BY-NC)
    Descărcați ca DOC, PDF, TXT sau citiți online pe Scribd
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    3K vizualizări1 pagină

    Doctrine of Eclipse

    Încărcat de

    Dinesh Pattnayak
    The doctrine of eclipse refers to laws that are found unconstitutional by courts but remain on the books. Such laws are considered "inoperable" but have not been removed. They remain under an "eclipse" until a future court upholds their validity and lifts the eclipse, making the law implementable once more. For example, Section 309 of the Indian Penal Code was held unconstitutional but later upheld, removing its eclipse. Currently, Section 301 remains under eclipse due to an unreversed court decision.

    Drepturi de autor:

    Attribution Non-Commercial (BY-NC)
    Descărcați ca DOC, PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    din 1

    doctrine of eclipse

    this basically relates to the fact that some laws are held unconstitutional by the courts.
    now in this scenario, the legal position that remains is that though the law exists in statute
    books, because of a court decision they are inoperable. therefore in law there is an eclipse
    cast upon their implementation.
    however this does not imply that such laws cease to exist, for another decision may hold
    such law valid and in which case the eclipse cast upon the law would be removed and it
    would be implementable again.
    an example of this is Section 309 of the Indian Penal Code which the Supreme Court in
    the case of P. Ratinam held as unconstitutional. however it remained in the IPC and
    therefore it was under eclipse. However when a constitutional bench in Gian Kaur case
    reversed this decision and held Section 309 as constitutional, the eclipse was removed
    and it because operable again.
    an example of a provision which remains in eclipse presently is of Section 301 which has
    been declared as unconstitutional by the Supreme Court. now till the time this decision is
    reversed or the provision is removed from IPC, it will remain under eclipse.

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