Which provision of the Constitution of India is the basis of the doctrine of eclipse as applied to a pre-Constitution law inconsistent with a fundamental right?
Question and options
Which provision of the Constitution of India is the basis of the doctrine of eclipse as applied to a pre-Constitution law inconsistent with a fundamental right?
Article 13(1)
Article 14
Article 15
Article 17
Answer and explanation
Article 13(1) governs pre-Constitution laws inconsistent with fundamental rights. In Bhikaji Narain Dhakras v. State of Madhya Pradesh, the Supreme Court explained that a law eclipsed by the inconsistency could operate again once that inconsistency was removed.
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