Constitution of India

Part III

Fundamental Rights

General

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.

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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.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

Article 13 deals with the laws that violate or interfere with fundamental rights and declares,

Within the territory of India the laws applied immediately before the commencement of this constitution which are inconsistent with the provisions of PART III (Fundamental Rights) shall be void to the extent of such inconsistency. And any law passed by the State that restricts or limits the rights granted by this Part is prohibited, and it is unconstitutional to the degree that it does so.

Unless the context clearly dictates otherwise, "law" in this article refers to any Ordinance, Order, Bye-law, Rule, Regulation, Notification, Custom, or Usage that has legal effect in the Indian subcontinent; "Laws in force" includes laws passed or made by a Legislature or other competent authority in the territory of India before the start of this Constitution and not previously repealed, despite the fact that any such law or any portion of it may not have been in effect at the time, either completely or in specific locations.

The Constitution (Twenty-fourth Amendment) Act of 1971 added the clause stating that Article 368 amendments to the Constitution are exempt from the rules of this article. However, the Supreme Court ruled that any amendment to the Constitution made in violation of PART III's fundamental rights, which make up the constitution's "Basic Structure," may be challenged on that basis and ruled unconstitutional.

The Supreme Court, under Article 32, and the High Courts, under Article 226, have the authority to declare a statute unconstitutional or unlawful on the basis of a contravention of any of the Fundamental Rights stated in PART III of the Constitution.

Furthermore, ordinary legislation is not covered under the "Basic Structure" or "Doctrine of Basic Features" of the constitution. It places restrictions on the Parliament's ability to revoke the Constitution.