Citation of Bhikaji Vs State of Madhya Pradesh – AIR 1995

This case study was before the constitution, or in simple terms, we can say before the constitution commenced.

Facts of Bhikaji Vs State of Madhya Pradesh

– The Madhya Pradesh State legislature enacted an act considering the nationalization of Motor Transport in January 1950. On the passing of the act, the petitioner challenged the statute under Article 19(1)(g). this article enables the state regarding the nationalization of Motor Transport. Furthermore, the 4th Constitutional Amendment act 1955 was passed by the Parliament on 27/04/1955, which allows the state the nationalization of motor transport.

Held –

Doctrine of Eclipse was applied in this case Bhikaji Vs State of Madhya Pradesh by the Supreme Court. According to the SC, the act which was passed by Madhya Pradesh will attract the Doctrine of Eclipse because it is cured with the 4th Constitutional Amendment Act, 1955. Therefore the Madhya Pradesh Act stands valid.

Also Read –

Indira Gandhi versus Raj Narain (AIR 1975 SC 2299)