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Article 13(1) – Deals with Pre-Constitutional Law if unconstitutional void till extent of
inconsistency with constitution
Article 13(2) – Any law to be made now shall be in consonance with constitution.
Article 13(3)(a) – Law includes ordinance order, bye-law, rule, regulation, notification,
custom or usage having in the territory of India the force of law.
Article 13(3)(b) – Laws in force includes laws passed or made by a Legislature or other
competent authority in the territory of India before the commencement of this
Constitution and not previously repealed, notwithstanding that any such law or any part
thereof may not be then in operation either at all or in particular areas.
Rule of Severability
It applies to both future and existing law. Court will not entire declare law
unconstitutional but only those which are held to be against fundamental right.
State of Bombay v. F.N. Balsara – Eight Provisions of Bombay Prohibition Act were
held to be unconstitutional.
RMDC v. Union of India – Section 2(d) of Prize Competition Act which was wide
enough to prohibit gambling as well as game of skills. The power of the court to strike
out invalid provisions of an Act must not be exercised beyond the necessity of the case.
But sometimes valid and invalid portions of the Act are so intertwined that they cannot be
separated from one another. In such cases, the invalidity of the portion must result in the
invalidity of the Act in its entirety. The intention of the Legislature is the determining
factor if the valid part of a statute is severable from the invalid parts.
Doctrine of Eclipse
It says that any law inconsistent with Fundamental Rights is not invalid. It is not dead
totally but overshadowed by the fundamental right. The inconsistency (conflict) can be
removed by constitutional amendment to the relevant fundamental right so that eclipse
vanishes and the entire law becomes valid.
Deep Chand v. UP – Post constitutional law infringing fundamental right are void ab
intitio and doctrine of eclipse cannot apply.
Bhikhai Narian v. State of MP – CP & Berar Motor Vehicle Act authorised state
monopoly in motor vehicle business. Article 19(1)(g) made it void. Later on impugned
law could be validated by a constitutional amendment.
Schedule IX – Immune to judicial scrutiny, Article 31B – Allows for putting law under
Schedule IX and here doctrine of eclipse could be used. All laws put under Schedule IX
could be checked for basic structure.
Ambica Mills Ltd. v. State Of Gujarat – If a post constitutional statute is void because
it infringes rights of citizen then that doesn’t mean it is void for non-citizens as well as
the law is limited to the void of contravention.
Shankri Prasad v. Union of India (1951)– Amendment cannot be challenged as they are
not law as per Article 13(2).
Golak Nath v. State of Punjab (1967) – Amendment need to be constitutional.
o Whether sections 15(1) And 18(1) read with the definitions contained in sections 2(6) and
2(10) of the Indian Press (Emergency Powers) Act, 1931, were inconsistent with article
19(1)(a)read with clause (2) of that article? o And assuming that they were inconsistent,
whether the proceedings commenced under section 18(1) of that Act before the commencement
of the Constitution could nevertheless be proceeded with?
You can grab notes on other provisions of the Constitution and other law subjects from here.
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