Trace Your Case

ISSUE:

Whether the Uttar Pradesh Transport Service (Development) Act, 1955, is repugnant to the Motor Vehicles Act, 1939, under Article 254 of the Constitution?

Whether the Uttar Pradesh Transport Service (Development) Act, 1955, infringed upon the fundamental rights guaranteed under Article 31 of the Constitution?

Whether the doctrine of eclipse can apply to post-Constitution laws infringing fundamental rights?

RULE:

The doctrine of eclipse does not apply to post-constitutional laws that violate fundamental rights.

Under Article 13, any post-Constitution law that contravenes fundamental rights is void ab initio, i.e., from its inception.

The test to determine repugnancy is that there must be a direct conflict between the provisions and that both laws should occupy the same field.

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