some laws are held unconstitutional by the courts.

now in this scenario, the legal position that remains is that though the law exists in statute books, because of a court decision they are inoperable. therefore in law there is an eclipse cast upon their implementation. Doctrine of eclips deals with pre constitutional law Art 13(1). Art 13 provides that any law which made before the commencement of constitution must be consistent with the part III of the constitution . if any statue is inconsistence with the provisions of part III of the constitution such statue shall become void. At the same time such statue shall not be treat as Dead unless it is abolish by Parliament. It will be treated as dormant or remains eclipsed to the extent it comes under the shadow of the fundamental rights. Regarding the doctrine of eclips few points need to be consider. It is held to be applied only the Pre Constitutional Laws, and not to be post constitutional laws.
PreConstitutional law Postconstitutional law

Void ab initio - legislative incompetence

Not void ab initio Doctrine of eclipse

Post constitutional law : Doctrine of eclipse is not applicable. If fundamental right or constitution of India is violated, such laws are void ab ignition. If legislature wants this law, law must be reenacted.Deep Chand 1959 SC But, if a law is declared unconstitutional, and it is inserted in 9th Schedule, such law revives. This amendment (1951) is retrospective. L. Jagannath 1972 SC- Act declared invalid 17th Amendment 1964 9th Schedule and Article 31B Act inserted in 9th schedule Act valid now just like document of eclipse.

Article 13(1) is prospective in nature. All laws continue remain in force after the commencement of constitution of India. All acts before it are valid. If pre constitutional law violates fundamental rights after the commencement of constitution of India, such law and violation is eclipsed by fundamental rights. If fundamental rights are amended, then such eclipsed is removed and preconstitution law becomes operative again. Bhikaji Narayan 1955SC pre-constitution law of nationalization violated Article 19(1) (g) Doctrine of Eclipse 1st Amendment 1951 Article (19) (1) (6) inserted After this Amendment Act, the challenged failed