Answer By law4u team
Constitution Of India Article 13: Laws Inconsistent With or In Derogation of the Fundamental Rights
13. Laws inconsistent with or in derogation of the fundamental rights.—
(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
(3) In this article, unless the context otherwise requires,—
- (a) law includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;
- (b) laws in force includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
{1}(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.
NOTE
- {1}Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 2 (w.e.f. 5-11-1971).
Brief Detail
Article 13 establishes the supremacy of fundamental rights by rendering pre-existing laws void if they conflict with these rights. It also prohibits the State from enacting laws that violate fundamental rights. The definitions of law and laws in force are clarified under this Article, and it exempts constitutional amendments under Article 368 from its scope.
Question
Q1: What happens to laws inconsistent with fundamental rights under Article 13?
A1: Such laws are rendered void to the extent of their inconsistency with the fundamental rights.
Q2: Can the State make laws that abridge fundamental rights?
A2: No, Article 13 prohibits the State from enacting laws that take away or abridge fundamental rights.
Q3: Are constitutional amendments subject to Article 13?
A3: No, constitutional amendments made under Article 368 are exempt from Article 13 as per clause (4).
Example
Example 1: If a pre-Constitution law restricts freedom of speech, it will become void under Article 13 to the extent it conflicts with Article 19(1)(a).
Example 2: A new law enacted by a State legislature that curtails the right to equality under Article 14 will be struck down as unconstitutional under Article 13(2).
Summary
Article 13 ensures the supremacy of fundamental rights by invalidating laws inconsistent with them and restricting the State from enacting such laws. It clarifies the definitions of law and laws in force while exempting constitutional amendments under Article 368 from its purview.
