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Consider the following statements:
According to the doctrine of severability only the provisions of the law or act that are not consistent with the Fundamental Rights shall be void.
According to doctrine of eclipse when any law violates the fundamental rights then the fundamental rights overshadow that law or act and make it unenforceable but not void.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
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Verified Answer
Consider the following statements: According to the doctrine of se...
Statement 1 is correct: The doctrine of severability is related to Article 13 of the constitution and means that a law in contravention to the Fundamental Rights, is void only “to the extent of the inconsistency or contravention” with the relevant Fundamental Right. This means that an Act may not be void as a whole, only a part of it may be void and if that part is severable from the rest which is valid, and then the rest may continue to stand and remain operative.
Statement 2 is correct:
The doctrine of eclipse means that an existing law inconsistent with a Fundamental Right, though becomes inoperative from the date of the commencement of the Constitution, is not dead altogether. It is overshadowed by the Fundamental Right and remains dormant, but is not dead.
Most Upvoted Answer
Consider the following statements: According to the doctrine of se...
According to the doctrine of severability, only the provisions of a law or act that are not consistent with the Fundamental Rights shall be void. On the other hand, according to the doctrine of eclipse, when any law violates the fundamental rights, the fundamental rights overshadow that law or act and make it unenforceable but not void.
Explanation:
Doctrine of Severability:
- Under the doctrine of severability, if any provision of a law or act is found to be inconsistent with the Fundamental Rights guaranteed by the Constitution, only that particular provision will be declared void.
- This means that the rest of the law or act will continue to remain valid and enforceable.
- The idea behind this doctrine is to ensure that the entire law or act is not struck down just because a certain provision violates the Fundamental Rights.
- By declaring only the inconsistent provision void, the other provisions can still be implemented and serve their intended purpose.
Doctrine of Eclipse:
- According to the doctrine of eclipse, if any law violates the fundamental rights, those fundamental rights overshadow the law or act and make it unenforceable.
- However, unlike the doctrine of severability, the law or act is not completely voided.
- The doctrine of eclipse implies that the law or act still exists but cannot be enforced as long as it violates the fundamental rights.
- Once the law or act is brought in conformity with the fundamental rights, it can be enforced again.
Correct Answer:
- The correct answer is option 'A' - 1 only.
- This means that only the statement "According to the doctrine of severability, only the provisions of the law or act that are not consistent with the Fundamental Rights shall be void" is correct.
Reasoning:
- The statement regarding the doctrine of severability is correct.
- According to this doctrine, only the provisions of a law or act that are inconsistent with the Fundamental Rights are declared void.
- However, the statement regarding the doctrine of eclipse is incorrect.
- The doctrine of eclipse does not make the law or act void, but rather unenforceable until it is brought in line with the fundamental rights.
- Therefore, only statement 1 is correct, and statement 2 is incorrect.
Explanation:
Doctrine of Severability:
- Under the doctrine of severability, if any provision of a law or act is found to be inconsistent with the Fundamental Rights guaranteed by the Constitution, only that particular provision will be declared void.
- This means that the rest of the law or act will continue to remain valid and enforceable.
- The idea behind this doctrine is to ensure that the entire law or act is not struck down just because a certain provision violates the Fundamental Rights.
- By declaring only the inconsistent provision void, the other provisions can still be implemented and serve their intended purpose.
Doctrine of Eclipse:
- According to the doctrine of eclipse, if any law violates the fundamental rights, those fundamental rights overshadow the law or act and make it unenforceable.
- However, unlike the doctrine of severability, the law or act is not completely voided.
- The doctrine of eclipse implies that the law or act still exists but cannot be enforced as long as it violates the fundamental rights.
- Once the law or act is brought in conformity with the fundamental rights, it can be enforced again.
Correct Answer:
- The correct answer is option 'A' - 1 only.
- This means that only the statement "According to the doctrine of severability, only the provisions of the law or act that are not consistent with the Fundamental Rights shall be void" is correct.
Reasoning:
- The statement regarding the doctrine of severability is correct.
- According to this doctrine, only the provisions of a law or act that are inconsistent with the Fundamental Rights are declared void.
- However, the statement regarding the doctrine of eclipse is incorrect.
- The doctrine of eclipse does not make the law or act void, but rather unenforceable until it is brought in line with the fundamental rights.
- Therefore, only statement 1 is correct, and statement 2 is incorrect.
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Consider the following statements: According to the doctrine of severability only the provisions of the law or act that are not consistent with the Fundamental Rights shall be void. According to doctrine of eclipse when any law violates the fundamental rights then the fundamental rights overshadow that law or act and make it unenforceable but not void. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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Consider the following statements: According to the doctrine of severability only the provisions of the law or act that are not consistent with the Fundamental Rights shall be void. According to doctrine of eclipse when any law violates the fundamental rights then the fundamental rights overshadow that law or act and make it unenforceable but not void. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements: According to the doctrine of severability only the provisions of the law or act that are not consistent with the Fundamental Rights shall be void. According to doctrine of eclipse when any law violates the fundamental rights then the fundamental rights overshadow that law or act and make it unenforceable but not void. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements: According to the doctrine of severability only the provisions of the law or act that are not consistent with the Fundamental Rights shall be void. According to doctrine of eclipse when any law violates the fundamental rights then the fundamental rights overshadow that law or act and make it unenforceable but not void. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?.
Consider the following statements: According to the doctrine of severability only the provisions of the law or act that are not consistent with the Fundamental Rights shall be void. According to doctrine of eclipse when any law violates the fundamental rights then the fundamental rights overshadow that law or act and make it unenforceable but not void. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements: According to the doctrine of severability only the provisions of the law or act that are not consistent with the Fundamental Rights shall be void. According to doctrine of eclipse when any law violates the fundamental rights then the fundamental rights overshadow that law or act and make it unenforceable but not void. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements: According to the doctrine of severability only the provisions of the law or act that are not consistent with the Fundamental Rights shall be void. According to doctrine of eclipse when any law violates the fundamental rights then the fundamental rights overshadow that law or act and make it unenforceable but not void. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?.
Solutions for Consider the following statements: According to the doctrine of severability only the provisions of the law or act that are not consistent with the Fundamental Rights shall be void. According to doctrine of eclipse when any law violates the fundamental rights then the fundamental rights overshadow that law or act and make it unenforceable but not void. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for UPSC.
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