These rights if violated, punishments are prescribed for it in the Indian Penal
Code.
It was necessary to know about Fundamental Rights to begin with the Doctrines.
Article 13 of the Constitution of India provides.
Both the Doctrines are in the context of Article 13 of the Constitution of
India.
It is also known as doctrine of separability. It protects our Fundamental
Rights, as it is mentioned in the clause 1) of the Article 13 of the
Constitution that All laws enforce in India, before the commencement of
Constitution, in so far as they are inconsistent with the provisions of
fundamental rights shall to the extent of that inconsistency be void. But the
whole law or act would not be held invalid, but only the provisions of the law
or act which are not in consistency with the Fundamental rights. This is what
the Doctrine of severability is. But it is only possible if the part which is
inconsistent with the law is separated from the whole law. If both the valid and
invalid part are so closely mix up with each other that it cannot be separated
then the whole law or act will be held invalid.
The Supreme court held that in case of repugnancy to the Constitution, only the
repugnant provision of the impugned Act will be void and not the whole of it,
and every attempt should be made to save as much as possible of the act. If the
omission of the invalid part will not change the nature or the structure of the
object of the legislature, it is severable. It was held that except Section 14
all other sections of the Preventive Detention Act, 1950 were valid, and since
Section 14 could be severed from the rest of the Act, the detention of the
petitioner was not illegal.
eight sections of the Bombay Prohibition Act were declared invalid, the Supreme
Court said that the portion which was invalid to the extent of fundamental
rights was separable from the rest of the act.
This landmark judgment completely observed Doctrine of severability, Justice Venkatarama Aiyar observed:
Eclipse occurs when one object overshadows the other, so as the name suggests
that Doctrine of Eclipse is applied when any law or act violates the fundamental
rights then the fundamental rights overshadows the other law or act and make it
unenforceable but not void ab initio. They can be enforced again if the
restrictions posed by the fundamental rights are removed.
The following case makes it clear-
Section 43 of the Motor Vehicles Act, 1939 was amended by the Central Provinces
and Berar Motor Vehicles (Amendment) Act, 1947, both were pre- constitution
legislations. The Amendment Act empowered the Provincial Government to take up
the entire Provincial Motor Transport Business, these are violative of article
19(1) (g). By a Constitutional amendment of Article 19(1) (6) the State was
empowered to carry on the business to the notification issued by Government to
this effect was questioned. The Supreme Court held that the true position is
that the impugned law became, for the time being, eclipsed by the fundamental
right. The effect of the Constitution Act, 1951 was to remove the shadow and to
make the impugned act free from all blemish or infirmity.
Conclusion
The fundamental rights are paramount and article 13 which has in itself the
doctrine of severability and the doctrine of eclipse protect the dormancy of the
fundamental rights.
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