A legal theory known as the Doctrine of Eclipse was first used in India and has since spread to a few other nations. It has to do with the status of laws that were passed prior to the introduction of a new constitution and is related to constitutional law. This is what it indicates:
Pre-Constitutional Laws: The Doctrine of Eclipse is applicable to legislation passed prior to the adoption of a new constitution. A new constitution may modify other legal system laws as well as fundamental rights when it takes effect.
Pre-Constitutional Laws: In accordance with this idea, laws that were passed before to the new constitution yet conflict with it are not wholly void. Instead, it is claimed they are said to be “eclipsed” by the new constitution.
Some pre-existing laws may continue to be enforced under the new constitution as long as they do not conflict with it, thanks to the Doctrine of Eclipse, which ensures some degree of continuity in the legal system. It’s a method of facilitating the changeover when a constitution is altered or updated from an old legal system to a new one. This notion aids in preventing the total legal confusion and disruption that might result if all pre-existing legislation were deemed invalid upon the ratification of a new constitution.
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