Part III - Fundamental Rights • Article

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

Article 13 is the 'Power of Judicial Review.' It says that any law passed by Parliament or a State Assembly that breaks your Fundamental Rights is automatically invalid (void). It acts as a guard at the door of our rights, making sure No law in the country can ever be above the Constitution.

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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.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

Simple Meaning

Explain Like Ten

Article 13 is like a 'Law-Filter.' It says that if the government makes a new law that is mean or breaks your fundamental rights, that law becomes invalid and disappears. The Constitution is the boss of all laws!

Student Mode

Establishes the 'Doctrine of Judicial Review.' It declares that any law inconsistent with Fundamental Rights shall be void. It also defines 'Law' to include ordinances, orders, and customs.

Example

If a city passes a rule saying 'Only people with blue eyes can use the park,' the Supreme Court can use Article 13 to cancel that rule because it violates the Right to Equality.

Key Takeaway

Article 13 ensures that Fundamental Rights are supreme and untouchable by unfair laws.

FAQs

Can the government change the Constitution to take away rights?

The Supreme Court in the Kesavananda Bharati case ruled that even a constitutional amendment cannot destroy the 'Basic Structure' of the Constitution.

What is Judicial Review?

The power of courts to check if a law is constitutional and cancel it if it isn't.