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 Fundamental Rights

Introduction

The framers of the Indian Constitution envisioned Fundamental Rights as the cornerstone of Indian democracy. To make these rights meaningful and enforceable, it was essential to ensure that no law violates them. This objective is fulfilled through Article 13, which gives constitutional supremacy to Fundamental Rights over ordinary laws.

Article 13 deals with laws inconsistent with or in derogation of Fundamental Rights. It also establishes the principle of judicial review, enabling courts to strike down laws that infringe these rights.

Text of Article 13

Article 13 states:

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or made by a Legislature or other competent authority before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.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.

Key Provisions of Article 13

Article 13 has four clauses, each significant:

Clause (1): Pre-Constitution Laws

Laws existing before January 26, 1950 (e.g., British-era laws) that are inconsistent with Fundamental Rights become void to the extent of inconsistency.
Example: Sedition provisions in IPC have been challenged under this clause.

Clause (2): Post-Constitution Laws

The State cannot make any law that abridges Fundamental Rights.
If such a law is made, it becomes void to the extent of contravention.
Example: Laws restricting freedom of speech beyond reasonable restrictions can be struck down.

Clause (3): Definition of Law

Includes Acts, Ordinances, Orders, Bye-laws, Rules, Regulations, Notifications, Customs, and Usages.
Makes it clear that not only statutory laws but also customary laws are subject to Fundamental Rights.

Clause (4): Constitutional Amendments

Inserted by the 24th Constitutional Amendment Act, 1971.
Declares that Article 13 does not apply to constitutional amendments under Article 368.
This was to nullify the Golaknath judgment which had held that Parliament cannot amend Fundamental Rights.

Doctrine of Judicial Review under Article 13

Article 13 forms the foundation of judicial review in India, which means:

The Supreme Court and High Courts have the power to declare laws unconstitutional if they violate Fundamental Rights.
Judicial review is considered part of the basic structure (Kesavananda Bharati case).

Important Doctrines under Article 13

1. Doctrine of Severability

If an unconstitutional part of a law can be separated, only that part is struck down.
Case: A.K. Gopalan v. State of Madras (1950).

2. Doctrine of Eclipse

A pre-Constitution law inconsistent with Fundamental Rights is not void ab initio, but only becomes inactive (eclipsed) for citizens.
It remains valid for non-citizens.
Case: Bhikaji Narain Dhakras v. State of M.P. (1955).

3. Doctrine of Prospective Overruling

Introduced in Golaknath v. State of Punjab (1967).
Means the law declared unconstitutional applies prospectively.

Important Case Laws on Article 13

1. Kesavananda Bharati v. State of Kerala (1973)

o Held that Parliament can amend Fundamental Rights, but cannot alter the basic structure of the Constitution.

2. Golaknath v. State of Punjab (1967)

o Initially held that Parliament cannot amend Fundamental Rights.

3. I.C. Golaknath and Kesavananda decisions together shaped the concept of constitutional supremacy and judicial review.

4. A.K. Gopalan v. State of Madras (1950)

o Applied doctrine of severability.

5. Bhikaji Narain Dhakras v. State of M.P. (1955)

o Applied doctrine of eclipse.

Why Article 13 is Important?

Protects Fundamental Rights by striking down inconsistent laws.
Ensures Constitutional Supremacy over ordinary law.
Empowers Judiciary through Judicial Review.
Maintains Rule of Law.

Challenges and Criticisms

The phrase “to the extent of inconsistency” allows partial survival of unconstitutional laws.
Debate over whether customary laws should come under judicial review.
Judicial activism sometimes criticized as overreach.

Conclusion

Article 13 acts as a guardian of Fundamental Rights by invalidating laws inconsistent with them. It embodies the principle of constitutional supremacy and judicial review, making the Constitution the ultimate law of the land. It ensures that no legislative or executive act can undermine the basic liberties guaranteed to citizens.

Here are 50 Multiple Choice Questions (MCQs) on Article 13 of the Indian Constitution with answers and explanations:

MCQs on Article 13 – Laws Inconsistent with Fundamental Rights

Basic Level (1–10)

1. Article 13 belongs to which Part of the Constitution?
(a) Part I
(b) Part II
(c) Part III
(d) Part IV

Answer: (c)
Explanation: Article 13 is in Part III (Fundamental Rights).

2. Article 13 deals with:
(a) Citizenship
(b) Laws inconsistent with Fundamental Rights
(c) Directive Principles
(d) President’s power to make laws

Answer: (b)
Explanation: It deals with laws inconsistent with Fundamental Rights.

3. Which rights are protected by Article 13?
(a) Fundamental Rights
(b) Directive Principles
(c) Legal Rights
(d) Customary Rights

Answer: (a)
Explanation: It safeguards Fundamental Rights.

4. Which clause of Article 13 makes pre-Constitution laws void?
(a) Clause (1)
(b) Clause (2)
(c) Clause (3)
(d) Clause (4)

Answer: (a)
Explanation: Clause (1) applies to pre-Constitution laws.

5. Which clause prohibits the State from making laws violating Fundamental Rights?
(a) Clause (1)
(b) Clause (2)
(c) Clause (3)
(d) Clause (4)

Answer: (b)
Explanation: Clause (2) prohibits post-Constitution laws infringing Fundamental Rights.

6. What does Article 13(3)(a) define?
(a) Laws in force
(b) Law
(c) Fundamental Rights
(d) Constitutional amendments

Answer: (b)
Explanation: Article 13(3)(a) defines the term law.

7. What does Article 13(3)(b) define?
(a) Laws in force
(b) Law
(c) Custom
(d) Ordinance

Answer: (a)
Explanation: Article 13(3)(b) defines laws in force.

8. Article 13(4) was added by which amendment?
(a) 24th
(b) 42nd
(c) 44th
(d) 52nd

Answer: (a)
Explanation: 24th Constitutional Amendment (1971) inserted Article 13(4).

9. Article 13(4) states that:
(a) Judicial review is abolished
(b) Constitutional amendments are not “law”
(c) Fundamental Rights can be suspended permanently
(d) None

Answer: (b)
Explanation: It excludes constitutional amendments from the definition of “law”.

10. Judicial review under Article 13 is available through:
(a) Article 32 and 226
(b) Article 368
(c) Article 370
(d) None

Answer: (a)
Explanation: Judicial review is enforced through Articles 32 and 226.

Intermediate Level (11–25)

11. Which principle is the foundation of Article 13?
(a) Basic structure
(b) Constitutional supremacy
(c) Parliamentary sovereignty
(d) Separation of powers

Answer: (b)
Explanation: Article 13 ensures Constitutional supremacy over ordinary laws.

12. Which doctrine states that unconstitutional part of a law can be removed, keeping the rest valid?
(a) Doctrine of Severability
(b) Doctrine of Eclipse
(c) Doctrine of Basic Structure
(d) Doctrine of Prospective Overruling

Answer: (a)
Explanation: Doctrine of Severability applies here.

13. Which doctrine states that a pre-Constitution law inconsistent with Fundamental Rights is not void ab initio but becomes inoperative?
(a) Severability
(b) Eclipse
(c) Basic structure
(d) Overruling

Answer: (b)
Explanation: Doctrine of Eclipse applies.

14. Which case applied the doctrine of Eclipse?
(a) Kesavananda Bharati
(b) A.K. Gopalan
(c) Bhikaji Narain Dhakras
(d) Golaknath

Answer: (c)
Explanation: Bhikaji Narain Dhakras v. State of MP (1955).

15. Which case applied the doctrine of Severability?
(a) A.K. Gopalan
(b) Golaknath
(c) Minerva Mills
(d) Indira Gandhi

Answer: (a)
Explanation: A.K. Gopalan v. State of Madras (1950).

16. Which doctrine was introduced in Golaknath case?
(a) Basic structure
(b) Prospective overruling
(c) Severability
(d) Eclipse

Answer: (b)
Explanation: Golaknath introduced prospective overruling.

17. Which case first held that Parliament cannot amend Fundamental Rights?
(a) Kesavananda Bharati
(b) A.K. Gopalan
(c) Golaknath
(d) Minerva Mills

Answer: (c)
Explanation: Golaknath (1967) initially held Parliament cannot amend FRs.

18. Which case introduced basic structure doctrine?
(a) Kesavananda Bharati
(b) Golaknath
(c) Maneka Gandhi
(d) Shankari Prasad

Answer: (a)
Explanation: Kesavananda Bharati (1973) introduced basic structure.

19. Which case declared that judicial review is part of basic structure?
(a) Indira Gandhi v. Raj Narain
(b) Minerva Mills
(c) I.R. Coelho
(d) All

Answer: (d)
Explanation: All these cases affirmed judicial review as basic structure.

20. Which term in Article 13 makes its definition very broad?
(a) Ordinance
(b) Custom and usage
(c) Notification
(d) All

Answer: (d)
Explanation: Law includes all these, making it comprehensive.

21. What happens to an unconstitutional law under Article 13?
(a) Remains valid
(b) Void to the extent of inconsistency
(c) Cannot be challenged
(d) None

Answer: (b)
Explanation: Law is void to the extent of inconsistency.

22. Which right ensures judicial review of laws under Article 13?
(a) Article 21
(b) Article 32
(c) Article 14
(d) Article 19

Answer: (b)
Explanation: Article 32 gives right to approach SC for enforcement.

23. Who can declare a law unconstitutional under Article 13?
(a) President
(b) Parliament
(c) Supreme Court and High Courts
(d) Governor

Answer: (c)
Explanation: Only Courts can declare laws unconstitutional.

24. Which of these is NOT “law” under Article 13?
(a) Constitution amendment
(b) Ordinance
(c) Bye-law
(d) Custom

Answer: (a)
Explanation: Constitutional amendments are excluded by Article 13(4).

25. Why was Article 13(4) inserted?
(a) To nullify Golaknath case
(b) To enforce A.K. Gopalan
(c) To remove judicial review
(d) To strengthen Directive Principles

Answer: (a)
Explanation: Added by 24th Amendment to nullify Golaknath judgment.

Here are the remaining 25 MCQs (26–50) on Article 13 with answers and explanations:

Advanced Level (26–50)

26. Which case held that constitutional amendments are not “law” under Article 13?
(a) Golaknath v. State of Punjab
(b) Shankari Prasad v. Union of India
(c) Kesavananda Bharati v. State of Kerala
(d) Minerva Mills Ltd. v. Union of India

Answer: (b)
Explanation: Shankari Prasad (1951) held constitutional amendments are not “law” under Article 13.

27. Which case overruled Shankari Prasad temporarily?
(a) Kesavananda Bharati case
(b) Golaknath case
(c) Indira Gandhi case
(d) Minerva Mills case

Answer: (b)
Explanation: Golaknath (1967) overruled Shankari Prasad by holding that constitutional amendments are “law”.

28. Kesavananda Bharati case (1973) held that:
(a) Parliament cannot amend Fundamental Rights at all
(b) Parliament can amend Fundamental Rights but not basic structure
(c) Parliament has unlimited power
(d) Judicial review is abolished

Answer: (b)
Explanation: It introduced the basic structure doctrine.

29. Which of the following is part of basic structure doctrine?
(a) Judicial review
(b) Supremacy of Constitution
(c) Fundamental Rights
(d) All of the above

Answer: (d)
Explanation: All these are components of basic structure.

30. Judicial review under Article 13 is exercised by:
(a) Supreme Court only
(b) High Courts only
(c) Both Supreme Court and High Courts
(d) Parliament

Answer: (c)
Explanation: Both Supreme Court (Art. 32) and High Courts (Art. 226).

31. Which Article in the Constitution provides for judicial review explicitly?
(a) Article 13
(b) Article 32
(c) Article 226
(d) All of these

Answer: (d)
Explanation: Judicial review power is implied in Articles 13, 32, and 226.

32. Which case held that “Judicial Review” is part of basic structure?
(a) Kesavananda Bharati
(b) Indira Gandhi v. Raj Narain
(c) Minerva Mills
(d) All of the above

Answer: (d)
Explanation: All these judgments upheld judicial review as basic structure.

33. Which law can be declared void under Article 13?
(a) Pre-Constitution law inconsistent with Fundamental Rights
(b) Post-Constitution law violating Fundamental Rights
(c) Both (a) and (b)
(d) None

Answer: (c)
Explanation: Both categories can be invalidated.

34. What does the phrase “void to the extent of inconsistency” mean?
(a) Entire law is invalid
(b) Only unconstitutional parts are void
(c) Law is completely removed
(d) None

Answer: (b)
Explanation: Only inconsistent portions are struck down.

35. Article 13 applies to:
(a) Union laws only
(b) State laws only
(c) Both Union and State laws
(d) None

Answer: (c)
Explanation: Applies to both Union and State legislation.

36. Which body reviews laws for constitutional validity under Article 13?
(a) Parliament
(b) Supreme Court and High Courts
(c) President
(d) Prime Minister

Answer: (b)
Explanation: Judicial review is done by courts.

37. Which amendment removed doubts regarding Parliament’s power to amend Fundamental Rights?
(a) 24th Amendment
(b) 42nd Amendment
(c) 44th Amendment
(d) 52nd Amendment

Answer: (a)
Explanation: 24th Amendment (1971) clarified Parliament’s power to amend Fundamental Rights.

38. Which amendment attempted to give primacy to Directive Principles over Fundamental Rights?
(a) 24th
(b) 42nd
(c) 44th
(d) 86th

Answer: (b)
Explanation: 42nd Amendment (1976) gave primacy to Directive Principles (later struck down).

39. Which case invalidated the primacy of Directive Principles over Fundamental Rights?
(a) Golaknath
(b) Kesavananda Bharati
(c) Minerva Mills
(d) Waman Rao

Answer: (c)
Explanation: Minerva Mills (1980) restored balance between Fundamental Rights and DPSPs.

40. Which of these is NOT covered under Article 13?
(a) Customary law
(b) Personal law
(c) Religious scriptures
(d) Bye-laws

Answer: (c)
Explanation: Religious scriptures are not law, but customs are included.

41. Does Article 13 apply to personal laws?
(a) Yes
(b) No
(c) Yes, if codified
(d) Only in special cases

Answer: (c)
Explanation: Codified personal laws like Hindu Marriage Act fall under Article 13.

42. The phrase “laws in force” includes:
(a) Laws existing before the Constitution came into effect
(b) Post-Constitution laws
(c) Both
(d) None

Answer: (a)
Explanation: Refers to pre-Constitution laws not yet repealed.

43. Which case introduced the concept of prospective overruling in India?
(a) Golaknath
(b) Kesavananda Bharati
(c) Minerva Mills
(d) Bhikaji Narain Dhakras

Answer: (a)
Explanation: Golaknath case (1967) introduced prospective overruling.

44. Judicial review is not mentioned explicitly in the Constitution except in:
(a) Article 13
(b) Article 32
(c) Article 226
(d) It is not mentioned anywhere

Answer: (a)
Explanation: Article 13 implies judicial review by declaring laws void.

45. Which of these statements is correct about Article 13?
(a) It applies to Parliament and State Legislatures
(b) It applies to Executive Orders
(c) It applies to Customary laws
(d) All of the above

Answer: (d)
Explanation: All these come under the definition of “law”.

46. Which of these is NOT a purpose of Article 13?
(a) To ensure supremacy of Constitution
(b) To provide basic structure doctrine
(c) To enforce Fundamental Rights
(d) To declare pre-Constitution laws void

Answer: (b)
Explanation: Basic structure doctrine is judicial innovation, not in Article 13.

47. Which word in Article 13 makes it very comprehensive?
(a) Ordinance
(b) Bye-law
(c) Usage
(d) All of these

Answer: (d)
Explanation: All these terms make the scope very wide.

48. Which landmark case upheld judicial review as part of basic structure in the context of Article 13?
(a) Kesavananda Bharati
(b) Minerva Mills
(c) Indira Gandhi v. Raj Narain
(d) All

Answer: (d)
Explanation: All these judgments confirm judicial review as basic structure.

49. If a pre-Constitution law conflicts with Fundamental Rights, it becomes:
(a) Entirely void
(b) Void to the extent of inconsistency
(c) Valid until repealed
(d) None

Answer: (b)
Explanation: Only inconsistent parts become void.

50. The essence of Article 13 is to ensure:
(a) Parliament’s supremacy
(b) Judicial activism
(c) Supremacy of Fundamental Rights
(d) Absolute power of Executive

Answer: (c)
Explanation: It ensures Fundamental Rights remain supreme.