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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?

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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?

  1. Article 13(1)

  2. Article 14

  3. Article 15

  4. Article 17

Answer and explanation

Correct answer: A - Article 13(1)

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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