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Test: Doctrine of Eclipse in Indian Constitution - Judiciary Exams MCQ


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25 Questions MCQ Test - Test: Doctrine of Eclipse in Indian Constitution

Test: Doctrine of Eclipse in Indian Constitution for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: Doctrine of Eclipse in Indian Constitution questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Doctrine of Eclipse in Indian Constitution MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Doctrine of Eclipse in Indian Constitution below.
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Test: Doctrine of Eclipse in Indian Constitution - Question 1
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What does the Doctrine of Eclipse address in the context of Indian law?

Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 1
The Doctrine of Eclipse in Indian law deals with the interaction between fundamental rights and existing laws that may conflict with them. It outlines the status of laws inconsistent with fundamental rights, stating that when a law contradicts fundamental rights in the Indian Constitution, it is in a state of eclipse, meaning it is overshadowed by these rights.
Test: Doctrine of Eclipse in Indian Constitution - Question 2
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Under the Doctrine of Eclipse, what happens to a statute that conflicts with the provisions of Part III of the Indian Constitution?

Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 2
When a statute is in conflict with the provisions of Part III of the Indian Constitution under the Doctrine of Eclipse, the conflicting portion of the law is deemed void. This means that only the part of the law that clashes with fundamental rights is considered invalid, while the rest of the law remains in force but in a dormant state.
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Test: Doctrine of Eclipse in Indian Constitution - Question 3
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How is conflict resolution between laws and fundamental rights addressed under the Doctrine of Eclipse?

Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 3
Conflict resolution between laws and fundamental rights under the Doctrine of Eclipse is addressed through the possibility of amendments to the relevant fundamental rights. By amending the fundamental right in question, the conflict is resolved, and the entire law regains its validity and enforceability, removing the state of eclipse.
Test: Doctrine of Eclipse in Indian Constitution - Question 4
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What does the Doctrine of Eclipse in India primarily address?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 4
The Doctrine of Eclipse in India specifically deals with the interaction between fundamental rights and existing laws that may conflict with them. It outlines the status of laws that are inconsistent with fundamental rights, highlighting the concept that when a law contradicts fundamental rights, it is considered to be in a state of eclipse.
Test: Doctrine of Eclipse in Indian Constitution - Question 5
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According to the Doctrine of Eclipse, what happens to a law that conflicts with fundamental rights in India?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 5
When a law in India conflicts with the provisions of Part III of the Constitution, only the portion that clashes with fundamental rights is considered void under the Doctrine of Eclipse. The rest of the law remains in force but in a dormant state, subject to the discretion of the Parliament.
Test: Doctrine of Eclipse in Indian Constitution - Question 6
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How is a conflict between laws and fundamental rights resolved under the Doctrine of Eclipse in India?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 6
Conflicts between laws and fundamental rights in India are resolved under the Doctrine of Eclipse by amending the relevant fundamental right. This amendment removes the eclipse, allowing the entire law to regain its validity and enforceability in accordance with the Constitution.
Test: Doctrine of Eclipse in Indian Constitution - Question 7
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What was the significance of the Supreme Court's decision in the case of Bhikaji Narain Dhakras v. State of Madhya Pradesh?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 7
The Supreme Court's decision in the case of Bhikaji Narain Dhakras v. State of Madhya Pradesh was significant as it highlighted the conflict between a state law and the fundamental rights guaranteed by the Constitution. This underscored the importance of judicial review in safeguarding and upholding the fundamental rights of individuals in the face of conflicting legislations.
Test: Doctrine of Eclipse in Indian Constitution - Question 8
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Why did the provision allowing the state government to monopolize the motor transport business become void after the Constitution came into effect in 1950?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 8
The provision allowing the state government to monopolize the motor transport business became void after the Constitution came into effect in 1950 because it conflicted with the newly established constitutional framework and fundamental rights guaranteed by the Constitution. This conflict rendered the provision invalid and inoperable under the new legal regime.
Test: Doctrine of Eclipse in Indian Constitution - Question 9
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What was the outcome of the amendment in 1951 that authorized the government to establish a monopoly in the motor transport business?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 9
The amendment in 1951 that authorized the government to establish a monopoly in the motor transport business corrected the initial constitutional flaw that had rendered the provision void. By legalizing the state government's monopoly in the sector, the amendment resolved the conflict with fundamental rights, allowing for the resumption of the state's control over motor transport operations in accordance with the law.
Test: Doctrine of Eclipse in Indian Constitution - Question 10
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What principle was emphasized in the case of Keshava Madavan Menon v. State of Bombay (1951)?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 10
The case of Keshava Madavan Menon v. State of Bombay (1951) highlighted the prospective nature of fundamental rights, emphasizing that these rights apply from the time of their inclusion in the Constitution. This means that fundamental rights are applicable looking forward in time from their incorporation, rather than retroactively affecting laws passed before their existence. This principle ensures that fundamental rights are considered and respected in the implementation of laws and regulations moving forward.
Test: Doctrine of Eclipse in Indian Constitution - Question 11
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What did the case of Pannala Binaraj v. Union of India (1957) stress regarding the application of Article 13(1)?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 11
In the case of Pannala Binaraj v. Union of India (1957), the court reiterated the principle of the prospective application of Article 13(1), unless expressly indicated otherwise. This highlights the importance of clarity in legal statutes concerning whether a law should have retrospective effects or not. By emphasizing the prospective nature of Article 13(1), this case aimed to ensure legal certainty and consistency in the interpretation and application of fundamental rights.
Test: Doctrine of Eclipse in Indian Constitution - Question 12
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What aspect of pre-Constitutional laws was explored in the case of Behram Khurshid Pesikaka v. State of Bombay (1955)?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 12
Behram Khurshid Pesikaka v. State of Bombay (1955) delved into the validation of pre-Constitutional laws that potentially infringed upon fundamental rights. The case involved arguments regarding the voidness of a specific section under the Bombay Prohibition Act, highlighting the burden of proof in cases where violations of fundamental rights are alleged. This case provided clarity on how pre-existing laws impacting fundamental rights should be examined and addressed under the constitutional framework.
Test: Doctrine of Eclipse in Indian Constitution - Question 13
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What was the legal conflict regarding Section 309 of the Indian Penal Code in the case of P. Rathiram v. Union of India (1994)?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 13
In the case of P. Rathiram v. Union of India (1994), the legal conflict surrounding Section 309 of the Indian Penal Code was primarily related to its conflict with Article 19, which encompasses rights such as freedom of speech and the right to remain silent. This conflict raised questions about the constitutionality of Section 309 in light of these fundamental rights.
Test: Doctrine of Eclipse in Indian Constitution - Question 14
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How was the earlier decision in the Rathiram case affected by the subsequent ruling in the case of Gian Kaur v. State of Punjab (1996)?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 14
The earlier decision in the Rathiram case, which had raised questions about the constitutionality of Section 309 of the Indian Penal Code, was overruled in the case of Gian Kaur v. State of Punjab (1996). The court's decision in the Gian Kaur case effectively invalidated the previous ruling in the Rathiram case, providing clarity on the interpretation of fundamental rights in relation to Section 309.
Test: Doctrine of Eclipse in Indian Constitution - Question 15
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Which legal doctrine was applied to the Indian Penal Code in the case of P. Rathiram v. Union of India (1994)?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 15
The legal doctrine applied to the Indian Penal Code in the case of P. Rathiram v. Union of India (1994) was the Doctrine of Eclipse. This doctrine deals with the temporary inapplicability of a law due to its inconsistency with fundamental rights guaranteed by the Constitution. In this case, the conflict between Section 309 and fundamental rights led to the application of this doctrine.
Test: Doctrine of Eclipse in Indian Constitution - Question 16
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What does the Doctrine of Eclipse primarily relate to in the context of laws passed before the commencement of the Constitution?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 16
The Doctrine of Eclipse primarily deals with laws enacted before the Constitution came into effect and involves scrutinizing these laws in terms of their compatibility with the fundamental rights guaranteed by the Constitution. This doctrine ensures that laws do not directly contradict or infringe upon these fundamental rights. It emphasizes the importance of aligning pre-constitutional laws with the constitutional framework, highlighting the significance of protecting individual rights within the legal system.
Test: Doctrine of Eclipse in Indian Constitution - Question 17
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According to the Doctrine of Eclipse, what is the outcome for a law that infringes upon fundamental rights?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 17
When a law infringes upon fundamental rights under the Doctrine of Eclipse, it does not become entirely void or null. Instead, the law becomes inoperative or unenforceable specifically against individuals whose fundamental rights are violated by that law. This principle ensures that affected individuals are not subject to the enforcement of laws that impinge upon their fundamental rights, highlighting the importance of safeguarding constitutional protections.
Test: Doctrine of Eclipse in Indian Constitution - Question 18
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What does the concept of 'Potential for future operativeness' signify within the Doctrine of Eclipse?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 18
The 'Potential for future operativeness' aspect of the Doctrine of Eclipse indicates that if there is a future amendment to the relevant fundamental right that was previously challenged by a law, the law automatically regains its operativeness. This highlights the dynamic nature of legal interpretations and constitutional rights, emphasizing that changes in fundamental rights can impact the applicability and enforcement of existing laws, ensuring adaptability within the legal framework.
Test: Doctrine of Eclipse in Indian Constitution - Question 19
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Why is a court declaration considered essential to establish the invalidity of post-constitution laws conflicting with fundamental rights?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 19
A court declaration is deemed essential to establish the invalidity of post-constitution laws conflicting with fundamental rights because it provides clarity on the law. Courts play a crucial role in interpreting the Constitution and determining the constitutionality of laws. Through their judgments, courts ensure that laws align with the fundamental rights enshrined in the Constitution, thus upholding the rule of law and protecting individuals' rights.
Test: Doctrine of Eclipse in Indian Constitution - Question 20
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According to Article 13(3) of the Indian Constitution, what happens if a law enacted by the State contradicts or infringes upon Part III?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 20
Article 13(3) of the Indian Constitution specifies that if a law enacted by the State contradicts or infringes upon Part III, it is considered ultra vires and void to the extent of such violation. This means that the portion of the law conflicting with fundamental rights is invalid and unenforceable. The court may declare such provisions unconstitutional, ensuring that laws are in harmony with the fundamental rights guaranteed by the Constitution.
Test: Doctrine of Eclipse in Indian Constitution - Question 21
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What happens to a law that goes against fundamental rights according to the Indian Constitution, even if the constitutional prohibition is later removed?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 21
In accordance with the Indian Constitution, a law that contravenes fundamental rights is inherently invalid and cannot be revived, even if the constitutional prohibition is later removed. This principle ensures that laws are in conformity with the fundamental rights guaranteed to citizens, maintaining the integrity of the constitutional framework and safeguarding individual liberties.
Test: Doctrine of Eclipse in Indian Constitution - Question 22
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What is the significance of the doctrine of eclipse in relation to post-constitutional laws?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 22
The doctrine of eclipse underscores the potential limitations of post-constitutional laws that conflict with fundamental rights. This concept suggests that such laws may have restricted operational aspects in certain scenarios, as seen in the State of Gujarat v. Ambica Mills case. It acknowledges that while these laws may not be entirely void like pre-constitutional laws, their enforceability can be curtailed based on specific circumstances and judicial interpretations.
Test: Doctrine of Eclipse in Indian Constitution - Question 23
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In the case of Deep Chand v. State of U.P., how are post-constitutional laws conflicting with fundamental rights regarded?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 23
According to the case of Deep Chand v. State of U.P., post-constitutional laws that clash with fundamental rights are labeled as 'stillborn laws,' rendering them null and void from their inception. This designation signifies that such laws are invalid and lack legal effect, aligning with the principle that any law contradicting fundamental rights cannot sustain legal validity.
Test: Doctrine of Eclipse in Indian Constitution - Question 24
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How did the Supreme Court's stance evolve in the context of post-constitutional laws conflicting with fundamental rights?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 24
In the State of Gujarat v. Ambica Mills case, the Supreme Court modified its previous stance concerning post-constitutional laws conflicting with fundamental rights. The Court acknowledged that while such laws may have inherent inconsistencies, they could still possess limited operational aspects in specific situations. This shift in interpretation reflects a nuanced approach by the judiciary towards balancing legislative enactments with constitutional guarantees.
Test: Doctrine of Eclipse in Indian Constitution - Question 25
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In the context of post-constitutional laws in India, which individuals primarily benefit from the protection offered by Article 13(2)?
Detailed Solution for Test: Doctrine of Eclipse in Indian Constitution - Question 25
In the Indian context, Article 13(2) provides protection primarily to citizens whose fundamental rights are infringed upon by post-constitutional laws. This constitutional provision aims to safeguard the rights granted to citizens under the Indian Constitution.
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