Statement of purpose

This project is being compiled with the aim of fully understanding the doctrine of eclipse and its
applicability in the Indian legal system

Method of study

Doctrinal method

Introduction

Constitution of a country shapes the organsation an developmemt of society both for the present and
d=for future generations. A constitution defines and limits the power of the state. It performs an
important leveling function and both an individual and the state are made subject to constitutional
provisions. In order to ensure that the constitution doesn’t become a façade, and those in powers in the
centre do not invade the rights of the citizen, some guiding principles have been devised to see that
people are not capriciously denuded of their inviolable rights.these are the overarching principles that
seek to fetter the unconstitutional exercise of constitutional powers. The tradition of analytical
jurisprudence, from john Austin and hans kelsen onwards, highlights,in all its complexity,the basic
notion that constitutions constitute a higher law governing all forms of authoritative legal enunciations
and performances. Erwin chemerwinsky states that ‘constitution is an attempt by the society to limit
itsef to protect values it cherishes the most.’

In india, we the people, adopted and gave to ourselves a constitution which recognizes certain basic
fundamental rights of the individuals inder part iii. The underlying idea in entrenching certain basic
rights is to take them out of reach of transiet political majorities. It has , therefore, came to be regarded
as essential that these rights may be entrenched in such a way that they may not be violated, tempered
or interfered with by an oppressive government. These rights puts fetters upon the governmental
actions that are likely to infringe upon the fundamental roghts which finds a pristine place in our
constitution. The constitutional scheme uses article 13 as the bulwark against any infringement upon
the fundamental rights. The constitution arms the judiciary with the power of judicial review and makes
it the guardian, protector and interpreter of the fundamental rights. It, in essence confers power as well
as cast an obligation on the courts to declare a law void if it is found inconsistent with a fundamental
right.

The provisions of part iii of our constitution, which inumerates the fundamental rights, are more
elaborate than those of any other existing written constitutions of the world and cover wide range of
topics.

The purpose of the fundamental rights are to act as limitation not only upon the powers of executive
but also upon the legislature. the model has been taken from the constitution of the united states,
though the Indian constituton doesn’t go so far, and rather affects the compromise between the
doctrines of parliamentary sovereignity and judicial supremacy.
The constitution itself classifies the fundamental rights under seven groups as followa:

a. Right to equality
b. Right to particular freedoms
c. Right against exploitation’
d. Right to freedom of religion
e. Cultural and educational rights’
f. Right to constitutional remedies
g. Right to property- eliminated by the 44th amendment act, thus only six freedom now remain, in
article 19(1)