About this document
Understanding Doctrine of Eclipse & Severability by Riya Shinde is a document available to read on EtoBox.
The Doctrine of Eclipse applies to pre-Constitutional laws that conflict with fundamental rights, rendering only the inconsistent parts inoperative. The Doctrine of Severability allows courts to uphold valid portions of a law even if some provisions are unconstitutional, while the Doctrine of Waiver permits individuals to voluntarily relinquish legal rights. Key cases such as Bhikaji Narain Dhakras and A.K. Gopalan illustrate these doctrines in action within the context of Indian law.
- Author
- Riya Shinde
- Language
- EN