Doctrine of Severability and Doctrine of Eclipse | Fundamental Rights | Indian Polity | Jojo Mathew

Fundamental rights are the quintessential factors for a dignified existence and holistic development of an individual. Fundamental rights are enshrined in Part III of the Indian constitution and are applicable to every citizen of India. Inclusion of Fundamental Rights in the constitution is immaterial if there is no mechanism to enforce the provisions when it is violated. If a portion of the law is found to be unconstitutional, it is a relevant question to question whether the particular law or a portion of it becomes void. The subsequent question is to analyse temporary effects when laws are amended. Article 13 in Indian constitution speaks of the doctrine of severability and eclipse that acts as a saviour in combating violation of fundamental rights.
The doctrine of severability means severing part of a statute which is inconsistent with any of the constitutional provisions and particularly the provisions contained under the chapter of fundamental rights in the Indian Constitution. The other part of the severed statute is to remain valid.
The Doctrine of Eclipse in constitutional law stands for over-shadowing any provision of a statute by the fundamental rights contained in Part-III of the Indian Constitution.

You may visit alsias.live/ to know more about ALS Online.
Links:
Facebook bit.ly/ALSOnlive-FB
Web portal bit.ly/ALSOnlive-LP
Youtube bit.ly/ALSOnlive-Tube
Download Android App from bit.ly/ALSApp

#DecodeIASExam #ALSOnlive #UPSCIAS #IAS #JojoMathew #ManishGautam