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    Article 13

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    Arindam Prakash
    Article 13 of the Indian Constitution deals with laws inconsistent with fundamental rights. It states that all pre-existing laws that are inconsistent with fundamental rights enshrined in the Constitution will be void. It also says that no future law can limit or take away the fundamental rights granted by the Constitution, and any such law will be void. Article 13(3) broadly defines "law" to include ordinances, orders, bye-laws, rules and regulations that have the force of law in India. It also considers pre-existing laws that were not repealed before the Constitution as "laws in force". Article 13(4) clarifies that Article 13 does not apply to amendments to the Constitution made under Article 368.

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    Article 13

    Uploaded by

    Arindam Prakash
    9 views6 pages
    Article 13 of the Indian Constitution deals with laws inconsistent with fundamental rights. It states that all pre-existing laws that are inconsistent with fundamental rights enshrined in the Constitution will be void. It also says that no future law can limit or take away the fundamental rights granted by the Constitution, and any such law will be void. Article 13(3) broadly defines "law" to include ordinances, orders, bye-laws, rules and regulations that have the force of law in India. It also considers pre-existing laws that were not repealed before the Constitution as "laws in force". Article 13(4) clarifies that Article 13 does not apply to amendments to the Constitution made under Article 368.

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    Article 13 of the Indian Constitution deals with laws inconsistent with fundamental rights. It states that all pre-existing laws that are inconsistent with fundamental rights enshrined in the Constitution will be void. It also says that no future law can limit or take away the fundamental rights granted by the Constitution, and any such law will be void. Article 13(3) broadly defines "law" to include ordinances, orders, bye-laws, rules and regulations that have the force of law in India. It also considers pre-existing laws that were not repealed before the Constitution as "laws in force". Article 13(4) clarifies that Article 13 does not apply to amendments to the Constitution made under Article 368.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    9 views6 pages

    Article 13

    Uploaded by

    Arindam Prakash
    Article 13 of the Indian Constitution deals with laws inconsistent with fundamental rights. It states that all pre-existing laws that are inconsistent with fundamental rights enshrined in the Constitution will be void. It also says that no future law can limit or take away the fundamental rights granted by the Constitution, and any such law will be void. Article 13(3) broadly defines "law" to include ordinances, orders, bye-laws, rules and regulations that have the force of law in India. It also considers pre-existing laws that were not repealed before the Constitution as "laws in force". Article 13(4) clarifies that Article 13 does not apply to amendments to the Constitution made under Article 368.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
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    Article 13

    • Acts of state- regulated by Const.- so that state- not abuse powers


    given by Const.
    • Article-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
    A.13(3)- in this article, unless the context otherwise requires law includes any Ordinance, order, bye law, rule,
    regulation, notification, custom or usages having in the territory of India the force of law; laws in force includes
    laws passed or made by 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

    • ‘Law’ – wide meaning.


    • Permanent Laws- enacted- Parliament/State Legislature.
    • Temporary Laws- ordinances- issued by- President/State.
    • Statutory instruments- delegated Legislation- order/bye-
    laws/rules/regulations/notification.
    • Non- Legislative sources- custom/usage- force of law.

    Not only legislation but above can be challenged in courts


    – for violating FRs
    Terms explained given in A. 13(3)(a)

    • Ordinance- issued by President/Governor-


    when Parliament/State Legislation not in
    session.
    • Act- Ordinance approved- becomes an act.
    • Order/Decree- Passed by Court/judge.
    • Bye Laws- rules by local auth for
    management/ regulation of affairs.
    Difference between Rules & Regulation
    Rules Regulation
    • Set of instructions- tell us • Rules- authorized by
    way things are to be legislation.
    done. • Given under the Act.
    • Made- conditions & • Set by Government.
    circumstances.
    • Legal binding.
    • Set- individual/
    organization. • Ex- Law prevents
    • No legal binding.
    alcohol from being sold
    in certain places.
    • Ex- Traffic Rules
    A. 13(3)(b)
    • “Laws in force”- laws in force includes laws
    passed or made by Legislature or other
    competent authority in the territory of India
    before the commencement of this Constitution
    and not previously repealed.
    • Ex- Indian Contract Act, 1872
    • Evidence Act
    • The Transfer of property Act,1885
    • Negotiable Instrument Act, 1881
    A. 13(4)- Nothing in this article shall apply to any amendment of this
    Constitution made under Article 368 Right of Equality

    • Const. can be amended by special majority.


    • Any amendment made in A. 368- constitution-
    not challenged under A.13.
    • Amendment- against FRs- no challenge.
    • A. 13 – legislative law as opposed to
    Constituent law.

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