Ashutosh Satapathy, KIIT School of Law
ABSTRACT
This paper delineates the evolution of the Doctrine of Eclipse through judicial pronouncements by exploring its fundamental premises, and then delves into the contentious issue of extending its applicability to post- Constitutional laws. Eminent jurists posit themselves on opposing extremes of the academic spectrum on this point, and contradictory judicial pronouncements add to the confusion. The author submits that much of this debate has centred around whether any distinction can be made between laws void for lack of legislative competence and those void for violating constitutional limitations on legislative power, and whether the word "void" in Article 13(2) is to be accorded a meaning different from the meaning attached to it in Article 13(1); and seeks to explore these controversies in an attempt to clarify the current legal position.
Keywords: Doctrine of eclipse, Judicial review, Constitutional Law, Post- Constitutional Law and Legislature.
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