Article 13 -The Constitution of India-Text, Explanation, Quiz (All-In-One)

Article 13 of The Constitution of India (Original Text):

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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.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

Explanation-Article 13 of The Constitution of India:

Article 13 ensures that all pre-existing laws and any new laws made by the State must be consistent with the Fundamental Rights enshrined in the Constitution. If any law conflicts with these rights, it will be deemed void. This article also clarifies the definitions of “law” and “laws in force” and excludes constitutional amendments from its scope.

Laws Inconsistent with or in Derogation of Fundamental Rights

1. Pre-existing Laws and Inconsistencies:
   • Any law in force in India before the commencement of this Constitution, to the extent it conflicts with the provisions of this Part (Fundamental Rights), shall be void.
2. Prohibition on the State:
   • The State shall not make any law that takes away or reduces the rights conferred by this Part. Any law made in contravention of this shall, to the extent of the contravention, be void.
3. Definitions:
   • Law: Includes any ordinance, order, bye-law, rule, regulation, notification, custom, or usage with the force of law in India.
   • Laws in Force: Includes laws passed or made by a legislature or other competent authority in India before the commencement of this Constitution and not previously repealed, even if such a law or part of it may not be in operation either at all or in specific areas.
4. Constitutional Amendments:
   • This article does not apply to any amendment of this Constitution made under Article 368.

IF YOU HAVE ANY DOUBT , FEEL FREE TO USE COMMENTS SECTION.