What is Article 13 of indian constitution| Laws Inconsistent with or in Derogation of Fundamental Rights

 

What is Article 13 of indian constitution

📘 Article 13 of the Indian Constitution – Laws Inconsistent with or in Derogation of Fundamental Rights

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🔹 Text Summary of Article 13:

Article 13 ensures that no law can violate or take away the Fundamental Rights guaranteed under Part III of the Constitution. It also declares that any such law will be null and void.

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🧾 Key Clauses of Article 13:

1. Article 13(1):
   All pre-Constitution laws (laws made before 26 January 1950) that are inconsistent with the Fundamental Rights are void to the extent of inconsistency.

2. Article 13(2):
   The State shall not make any law that takes away or limits the Fundamental Rights. If it does, such a law is void from the beginning.

3. Article 13(3) – Definitions:

   • “Law” includes ordinances, orders, bye-laws, rules, regulations, notifications, etc.

   • “Laws in force” includes laws passed before the Constitution came into force.

4. Article 13(4):
   This was added by the 24th Amendment (1971). It says that a Constitutional Amendment made under Article 368 cannot be challenged under Article 13.

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✅ Purpose of Article 13:

• Protects citizens’ Fundamental Rights.

• Ensures that no law or rule made by the government can override or violate these rights.

• Gives courts the power of judicial review — the ability to strike down unconstitutional laws.

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🧑‍⚖️ Important Case: Kesavananda Bharati v. State of Kerala (1973)

• The Supreme Court ruled that Constitutional Amendments cannot damage the basic structure of the Constitution, even though Article 13(4) protects amendments.

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📌 In Simple Words:

• Article 13 says: Fundamental Rights are supreme.

• If any law (old or new) goes against your Fundamental Rights, it will be cancelled or not applied.

• This protects citizens from unjust laws.

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