Article 13: Definition of Law and the Keshavananda Bharati Judgement

By Sudheer Kumar K|Updated : February 12th, 2021

As part of Fundamental Rights Series, in this article, we will be discussing the definition of Law as to what constitutes law under Article 13 of the Constitution and the Supreme court judgement in the Keshavananda Bharati vs. State of Kerala.

Article 13: Definition of Law

Definition of Law under Article 13

Article 13 (1) declares that all laws, which are inconsistent with or in derogation of any of the fundamental rights, shall be void.

Article 13 (2) says that the State shall not make any law which takes away or abridges the rights conferred by this Part (Part-III).

Article 13 (3) defines the word law, which includes:

  • Laws (enacted by Parliament or a state legislature)
  • Ordinance (made by President or Governor),
  • Order (of Centre or State Government),
  • bye-law (of Central or state or municipal executives),
  • rule,
  • regulation,
  • notification,
  • custom or usages having in the territory of India the force of law

Hence, any attempt of the government authorities, not just by legislation but by any of the above means, which violates or is contrary to the fundamental rights guaranteed to the citizens under Part-III can be challenged in the court of law. Article 13, thus, forms the basis or source of the power of judicial review, which is conferred on the Supreme Court under Article 32 and the High Courts under Article 226.

Article 13 (4) expressly mentions that a constitutional amendment is not a law and hence cannot be challenged.

However, the Supreme Court, in the Kesavananda Bharati Case (1973), held that a Constitutional amendment can be challenged on the ground that it violates a fundamental right that forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as void.

Practice Previous Question

Which of the following statements is/are correct regarding Article 13?

  1. Article 13 forms the source of the power of judicial review.
  2. Law under Article 13 also includes government orders (G.O.), notifications and customs

Select the correct answer using the codes given below.

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

 Answer: (c)

 

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