What is doctrine of Severability and doctrine of eclipse?

IIIrd Additional District Judge, Kanpur, AIR 1984 SC 1260 applied the doctrine of eclipse in post-constitutional law against citizens. Doctrine of Severability. Articles 13(1) and (2) provide that the law is void only ‘to the extent of inconsistency or contravention’ with the fundamental rights.

What is doctrine of eclipse Upsc?

Doctrine of Eclipse It is applied when any law/act violates the Fundamental Rights (FR). In such a case, the FR overshadows the law/act and makes it unenforceable but not void ab initio (Having no legal effect from inception).

Which article is doctrine of eclipse?

Article 13
Doctrine of eclipse is contended in Article 13(1) of the Indian Constitution. Article 13 states that any law which was made before the commencement of the constitution must be consistent with the part III of the Indian Constitution.

What is Severability doctrine?

Severability — the notion that a court may excise an unconstitutional part of a statute while leaving valid portions intact — forms a core tenet of American constitutional law.

What is doctrine of pleasure in India?

The doctrine of Pleasure means that the Crown has the power to terminate the services of a civil servant at any time they want without giving any notice of termination to the servant. Thus the civil servants work at the pleasure of the Crown which can remove them at any time.

What is doctrine of harmonious construction?

Harmonious construction is a principle of statutory interpretation used in the Indian legal system. It holds that when two provisions of a legal text seem to conflict, they should be interpreted so that each has a separate effect and neither is redundant or nullified.

What are doctrines in law?

Doctrines are “a rule, principle, theory, or tenet of the law; as, the doctrine of merger, the doctrine of relation, etc”.

What is doctrine of severability Upsc?

The doctrine of severability means that when some particular provision of a statute offends or is against a constitutional limitation, but that provision is severable from the rest of the statute, only that offending provision will be declared void by the Court and not the entire statute.

What is Doctrine of double jeopardy?

Fundamental right which is guaranteed under Article 20(2) of Constitution of India incorporates the principles of “autrefois convict” or Double jeopardy which means that person must not be punished twice for the offence. And if a person is punished twice for the same offence it is termed Double jeopardy.

What is Doctrine of territorial nexus?

Doctrine of territorial nexus says that laws made by a state legislature are not applicable outside the state, except when there is a sufficient nexus between the state and the object.

What is doctrine of territorial nexus?

What is severability ACA?

The linchpin of the latest attack on the Affordable Care Act is a radical revision of the doctrine of severability. Severability is the legal principle that when a court finds a particular provision of a law unconstitutional, it should save, not destroy, the remainder of the statute.

What is the doctrine of eclipse in simple terms?

Thus the Doctrine of Eclipse provides for the validation of Pre-Constitution Laws that violate fundamental rights upon the premise that such laws are not null and void ab initio but become unenforceable or are eclipsed only till the extent to which they are inconsistent with the fundamental rights.

Why is the doctrine of Eclipse important in India?

It prevents wastage of time and resources necessarily incurred in re-enacting. In India, the Doctrine of Eclipse is one such theory that is said to safeguard the pre-constitutional laws from being completely wiped out. It gives us a very refined, nuanced aspect of the rule of law.

What is meant by eclipsed laws?

The laws are hidden by the relevant fundamental rights, and the Eclipse is said to be cast on it. The inconsistency of the eclipsed law can be removed only when the corresponding fundamental right is amended. The shadowing is then removed, and the law becomes automatically valid and operative again.

What is the doctrine of Eclipse under Article 245?

The legislative power of Parliament and State Legislatures under Article 245 is subject to Article 13 (2) The Doctrine of Eclipse is based on the principle that a law which violates Fundamental Rights is not nullity or void ab initio but becomes unenforceable.