Article 13: Laws Inconsistent with or in Derogation of 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,
- “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;
- “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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.
Explanation
Article 13 ensures that any existing or future law inconsistent with fundamental rights is rendered invalid. This article highlights the Constitution's dedication to upholding fundamental rights as the highest law in India, preventing legislative or executive overreach.
Key Clauses of Article 13
- Invalidation of Pre-Constitutional Laws (Clause 1): Pre-1950 laws must align with fundamental rights; otherwise, they are void.
- Prohibition on Inconsistent State Laws (Clause 2): Prevents the State from passing laws that contradict fundamental rights.
- Definition of "Law" (Clause 3): Encompasses ordinances, customs, regulations, etc., with legal force.
- Constitutional Amendments Excluded (Clause 4): Ensures amendments under Article 368 are not affected by this Article.
Real-World Applications
After the Constitution came into effect, several colonial laws that conflicted with fundamental rights, such as restrictions on free speech, were invalidated. Recent examples include the impact of judicial interpretations on pre-constitutional laws that infringe on rights today.
Frequently Asked Questions (FAQs):
Article 13 ensures that any law inconsistent with fundamental rights is rendered void, safeguarding citizens' constitutional rights against any legislative actions that may infringe upon them.
It states that laws existing before the Constitution that conflict with fundamental rights are void to the extent of the inconsistency.
No, Clause (4) of Article 13 clarifies that it does not apply to amendments made under Article 368, thus allowing Parliament to alter the Constitution.