Article 13
Laws inconsistent with or in derogation of the fundamental rights:
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.
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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.
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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas
Nothing in this article shall apply to any amendment of this Constitution made under Article 368
Article 13 aids the court and citizens to keep the powers of the legislature under preview. Article 13 of the Indian Constitution describes the means for judicial review.
It enjoins a duty on the Indian State to respect and implement the fundamental right. And at the same time, it confers a power on the courts to declare a law or an act void if it infringes the fundamental rights.
The judiciary plays a very important role as a protector of the constitutional rights. The primary responsibility for implementation of the rule of law lies that the judiciary. It is the significance of judicial review, to ensure that democracy is inclusive and there is accountability of everyone who wields or Exercises public power.
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7 сен 2024
