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What is Article 13 of the Indian Constitution?

By BYJU'S Exam Prep

Updated on: November 9th, 2023

Article 13 of the Indian Constitution deals with laws inconsistent with or abetting Fundamental Rights. Article 13 protects the fundamental rights of citizens and protects us from laws that may infringe on our freedom. It respects and enforces fundamental rights and empowers courts to declare an act or law void if it violates fundamental rights.

Article 13 of the Indian Constitution

Article 13 of the Indian Constitution talks about four principles related to Fundamental Rights.

  • 13 (1): All laws in force in the territory of India immediately before the commencement of this Constitution shall, in so far as they are inconsistent with the provisions of this Part, be void to the extent of such inconsistency.
  • 13(2): The State shall not make any law which takes away or abridges the right conferred by this Part, and any law made in contravention of this section 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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.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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