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Article 13 - The Rule of Eclipse:

Bhikaji Narain Dhakras v. State of M.P. AIR 1955 SC 781

ISSUE:

Whether the C.P and Berar Amendment Act, 1947 which amends the Motor Vehicles Act, 1939 is constitutionally valid?

Whether the impugned Act is violative of Article 19(1)(g) of the Constitution of India?

Whether the impugned Act is violative of Article 31 of Constitution of India?

Whether Article 13 of the Constitution of India allows the judicial review of pre-existing laws?

Whether the reasonable restrictions under Article 19(6) include prohibition and monopoly by state?

Whether the First and Fourth Constitutional Amendment Acts have retrospective effects?

RULE:

The Doctrine of the Eclipse was introduced and established in India with the help of this case. Under the Motor Vehicles Act, 1939, a state government is given the power to control the road transport and in pursuance of it in the state of Madhya Pradesh, the C.P and Berar and Motor Vehicles Act was enacted. This case had questioned the constitutional validity of the C.P. and Berar Motor Vehicles (Amendment) Act, 1947 (Act III of 1948) and upheld the impugned Act to be valid.

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