constitution

Querist : Anonymous (Querist) 22 December 2010 This query is : Resolved
wat is doctrine of aclips

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Devajyoti Barman (Expert) 22 December 2010
See any standard book on the Constitution of India.

s.subramanian (Expert) 22 December 2010
Doctrine of Eclipse is a principle recognised by the contitution of india. The prospective nature of Art.13 (1) of the Constitution of India has given rise to the Doctrine of Eclipse. This doctrine envisages that a pre-constituion law inconsistent with a fundamental right was not wiped out altogether from the statute book after the commencement of the constitution. The law in question will be regarded as having been eclipsed for the time being by the relevant fundamental right. It wil be in dormatn condition for the time being. Such a law is not dead for ever for all purposes. If the relevan fundamental right is amended then the effect would be to remove the shadow and to make the impugned Act free from all belmish and infirmity. The said law would then cease to be unconstitutional and become enforceable.

Gulshan Tanwar (Expert) 27 December 2010
Read V. N. Shukla for this.

Also go for doctrine of Mori-bund; it will through more light on the subject.Ask your constitution teacher regarding the same and read plenty of good books in light of supreme court judgments.

Advocate. Arunagiri (Expert) 27 December 2010
Well answered by experts.

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