Article 13 of the Constitution of India. Laws inconsistent with or in derogation of the fundamental rights.

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Article 13 of the Constitution of India. Laws inconsistent with or in derogation of the fundamental rights.

Article 13 of the Constitution of India. Laws inconsistent with or in derogation of the fundamental rights.

Read the explanation and compilation of Article 13 of the Constitution of India. Laws inconsistent with or in derogation of the fundamental rights.

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Explanation of Article 13 of the Constitution of India. Laws inconsistent with or in derogation of the fundamental rights.

The Constitution of India, which is the supreme law of the country, guarantees certain fundamental rights to its citizens.

These rights are enshrined in Part III of the Constitution (Articles 12 to 35) and are considered essential for the overall development and well-being of individuals. Article 13 of the Indian Constitution deals with laws that are inconsistent with or in derogation of the fundamental rights.

Key points regarding Article 13:

  1. Inconsistency with fundamental rights: Article 13 states that any law which is inconsistent with or in derogation of the fundamental rights shall, to the extent of the inconsistency, be void.
  2. Applicability to pre-constitutional laws: Article 13(1) specifies that all laws in force before the commencement of the Constitution, to the extent of their inconsistency with the fundamental rights, shall be void
  3. Applicability to post-constitutional laws: Article 13(2) states that the State shall not make any law that takes away or abridges the fundamental rights, and any law made in contravention of this clause shall, to the extent of the contravention, be void.
  4. Judicial review: The courts have the power to review and strike down any law or provision that is found to be inconsistent with the fundamental rights. This power of judicial review is an essential safeguard to protect the rights of citizens.
  5. Amendments to the Constitution: Article 13(4) clarifies that this article shall not apply to any amendment of the Constitution made under Article 368, which deals with the power of Parliament to amend the Constitution and the procedure thereof. The purpose of Article 13 is to ensure that the fundamental rights of citizens are protected and that no law, whether enacted before or after the commencement of the Constitution, can infringe upon these rights. It serves as a crucial check on the powers of the legislature and the executive, ensuring that they do not overstep their boundaries and violate the basic rights of individuals.
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POLITICAL THEORY NOTES for UPSC/IAS Preparation

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