What is Article 13 of the Indian Constitution?

By Durga Prashanna Mishra|Updated : August 5th, 2022

Article 13 of the Indian Constitution is about the laws inconsistent with or in derogation of fundamental rights. Article 13 preserves and reserves the fundamental rights of the citizen, protecting us from laws that may violate our freedom. It respects and implements fundamental rights, and it gives power to courts to declare an Act or law void if it breaks the fundamental rights.

Article 13 of the Indian Constitution

Article 13 of the Indian Constitution talks about the four principles relating to fundamental rights.

  • 13(1) All Laws in force in Indian territory 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.
  • 13(2) The state won’t make any law that takes away or abridges the right conferred by this Part, and any law made in contravention of this clause shall, to the extent of the contravention, be void
  • 13(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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

  • 13(4) Nothing in this article shall apply to any amendment of this Constitution made under Article 368 Right of Equality

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FAQs on What is Article 13 of the Indian Constitution?

  • Article 13 of the Indian Constitution laws inconsistent with or in derogation of fundamental rights.

  • Article 13 of the Indian Constitution gives power to the courts to declare a law or an act void if it infringes the fundamental rights.

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