Article 13 – Constitution of India 

Article 13 – Constitution of India 

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Article 13 – Laws inconsistent with or in derogation of the fundamental rights

Bare Act Text

(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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.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 in Simple Language

This Article ensures that Fundamental Rights prevail over all laws. Any law, whether old or new, that violates Fundamental Rights can be declared void to the extent of inconsistency.

Illustrations

If a pre-Constitution law restricts freedom of speech beyond constitutional limits, it becomes void after the Constitution came into force.

Important Case Laws

• Golak Nath v. State of Punjab
• Keshavananda Bharati v. State of Kerala

Practical Notes

Article 13 is the constitutional basis of judicial review and the doctrine of ultra vires.

FAQs

Q. Can courts strike down laws violating Fundamental Rights?
A. Yes, under Article 13.

Article 13 – Constitution of India 

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