CASE COMMENTARY- THE BHIKAJI NARAIN DHAKRAS V. THE STATE OF MADHYA PRADESH

Author – MAYUR SHRESTHA, Student at Presidency University Bangalore

Best Citation – MAYUR SHRESTHA, CASE COMMENTARY- THE BHIKAJI NARAIN DHAKRAS V. THE STATE OF MADHYA PRADESH, SUPREME COURT JUDGEMENT REPORTER, 1 (1) of 2023, Pg. 49-52, ISBN – 978-81-960677-8-6.

Abstract

Are the laws before the Constitution invalid   because they contradict the fundamental rights of the citizens? Can a law that is inconsistent with fundamental rights become valid through some constitutional amendments?. The Bhikaji Narain Dhakras And Ors. v. The State of Madhya Pradesh is a significant case from where the notion of the eclipse^[1] was articulated. In this case, the petitioners challenged the C.P. and Berar Motor Vehicles (Amendment) Act, 1947 (Act III of 1948) which gave the government a monopoly over the motor transport business and excluded all other private operating companies. The petitioners argued that the act violated the Fundamental rights of citizens and should therefore be declared void. The court countered stated that the enforcement of constitutional amendments saves the inquisitive act from all inadequacy. The paper examines the status of pre-Constitution laws after the enactment of the Indian Constitution. The paper addresses an extensive discussion of the use of constitutional amendments in pre-constitutional laws. The effects of these changes are also critically analyzed.

Keywords Pre-Constitutional laws, Constitutional Amendments, Fundamental rights, Doctrine of Eclipse, Madhya Pradesh

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[1] Doctrine Of Eclipse