Under the Constitution ‘Doctrine of Eclipse’ applies

The doctrine of eclipse is based on a principle that the law which contravenes Fundamental Rights is not void ab initio. It remains in a morbid condition and unenforceable. It is not totally wiped out from the statute book. In Sagir Ahmed v. State of Uttar Pradesh, AIR 1954 the Supreme Court held that the doctrine of eclipse is only applicable to pre-constitutional laws and not to post-constitutional laws. The court reasoned that the post-constitutional laws, if they contravene Part III, are void ab initio and a subsequent constitutional amendment cannot revive them. On the other hand the voidness of pre-constitutional law is not from inception but only from the date of commencement of the Constitution. Subsequently in State of Gujarat v. Ambica Mills, AIR 1974 the court modified its view and held that post-constitutional laws, which are inconsistent with fundamental rights, are not void ab initio for all purposes and can be applied with respect to non-citizens.Thus the doctrine of eclipse can be applied to post-constitutional laws as well. Later, the Supreme Court in Dulare Lodh v. IIIrd Additional District Judge, Kanpur, AIR 1984 applied the doctrine of eclipse in post-constitutional law against citizens.