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Which statement is incorrect regarding the ‘Doctrine of Eclipse’?

Question and options

Which statement is incorrect regarding the ‘Doctrine of Eclipse’?
  1. Doctrine of Eclipse has relevance in connection with Article 13 (1)
  2. It is the prospective character of Article 13 (1) which gives rise to this doctrine
  3. This doctrine applies to pre-constitutional laws
  4. By virtue of the doctrine, laws which are inconsistent with Fundamental Rights are void ab initio

Answer and explanation

Correct answer: D - By virtue of the doctrine, laws which are inconsistent with Fundamental Rights are void ab initio
The doctrine of eclipse arises from the prospective character of Art. 13(1) and applies to pre-constitutional laws. Such laws are not void ab initio; they remain dormant and revive if the inconsistency is removed (Bhikaji Narain). So the statement that such laws are void ab initio is the incorrect one.

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