संविधान की व्याख्या के विशेष नियम | DOCTRINE OF SEVERABILITY & DOCTRINE OF ECLIPSE EXPLAINED

Описание: संविधान की व्याख्या के विशेष नियम | Doctrine of Severability & Doctrine of Eclipse Explained (Constitutional Interpretation)


This lecture explains two important rules of interpretation that are specifically used by courts in the interpretation of the Constitution and not in ordinary legislation. Constitutional interpretation requires special principles because the Constitution is the supreme law of the land and its provisions must be interpreted in a manner that preserves its authority and protects fundamental rights.

The first rule discussed is the Doctrine of Severability. According to this doctrine, if a part of a statute violates the Constitution, only the unconstitutional portion is declared invalid while the remaining part of the law continues to remain valid, provided that the valid portion can function independently and reflects the legislative intent.

The second rule is the Doctrine of Eclipse. This doctrine applies mainly to pre-constitutional laws that became inconsistent with fundamental rights after the Constitution came into force in 1950. According to this principle, such laws are not completely void but remain in a dormant state or under an eclipse. If the inconsistency is later removed through constitutional amendment, the law can again become operative.

In this lecture, both doctrines are explained with examples and important judicial decisions to help law students clearly understand their role in constitutional interpretation. This topic is very important for LLB students studying Constitutional Law, Interpretation of Statutes, and preparing for judiciary examinations.



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