CASE COMMENT: BHIKAJI NARAIN DHAKRAS & ORS. VS. THE STATE OF MADHYA PRADESH & ORS. 1955 AIR 781

Author – AVANTIKA SRIVASTAVA & Mahima Singh, Students at Integral university

Best Citation – AVANTIKA SRIVASTAVA & Mahima Singh, CASE COMMENT: BHIKAJI NARAIN DHAKRAS & ORS. VS. THE STATE OF MADHYA PRADESH & ORS. 1955 AIR 781, ILE CONSTITUTIONAL REVIEW, 2 (1) of 2023, Pg. 05-08, ISSN – 2583-7168

Abstract

Bhikaji Narain Dhakras v. St of Madhya Pradesh^[1] case was responsible for the utterance of doctrine of eclipse as it was formally grasped by the S.C dealing with the validation of Pre -constitutional laws being confront and tested as Constitutional. To eliminate the inconsistency of certain laws which came into existence before the enforcement of the constitution with PART III ,the doctrine of eclipse acted as the executive & assess the legitimacy of those laws by ensuring that any pre constitutional law which is inconsistent with the fundamental Rights is not invalid or void ab initio the law only overshadow by the fundamental rights and remain inoperative but not dead altogether & the conflict can be removed and reinforced by the constitutional amendment.^[2]

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[1] BHIKAJI NARAIN DHAKRAS & ORS. V. THE STATE OF MADHYA PRADESH & ORS., AIR 781 1955

[2] INDIA CONST. ART. 19, amended by THE CONSTITUTION (first amendment) act ,1951.