Which of the following statements regarding Doctrine of Eclipse are correct 1 It states that any law...........

Indian Political System(CSC) Evolution and Features of Constitution

Which of the following statements regarding Doctrine of Eclipse are correct?

1. It states that any law that violates fundamental rights do not become null or void completely but remains inoperative and unenforceable.

2. The law in question can only become operative after the conflict is removed by constitutional amendment.

3. It does not apply to post-constitutional laws.

Select the correct answer using the codes given below:

1 and 2 only

2 and 3 only

1 and 3 only

1, 2 and 3

Doctrine of Eclipse :

The Doctrine of Eclipse is a doctrinal principle that advocates the concept of fundamental rights being prospective.
It states that any law which is inconsistent with Part III (fundamental rights) of the constitution is not invalid. It is not totally dead but overshadowed by the fundamental right.
The inconsistency or con fl ict can be removed by constitutional amendment.
The amendment to the relevant fundamental right will remove the eclipse and the entire law becomes valid and operative again.
In other words, a law that violates fundamental rights remains in a moribund condition. It becomes inoperative, unenforceable and takes the shape of a sleeping provision. It is not a nullity or void ab initio.