Laws Inconsistent with the Fundamental Rights (Article-13) According to Article-13, the different clauses are: 13(1) Article-13 declares that, all the laws in force in the territory of India before the commencement of this constitution shall be void to the extent to which they are inconsistent with the provisions of Part-3 of the constitution. 13(2) It provides that the state shall not make any law which takes away the fundamental rights conferred by Part-3 of the constitution and any law made in contravention of the fundamental rights shall be void. 13(3) This Article gives the term “Law” which includes any ordinance, order, bye-law, rule, notification, custom or usages having the force of the law. Objective of Article-13(2): The main objective of Article-13 is to secure the constitution especially with regard to the fundamental rights. Power of Judicial Review: Article-13 provides the Judicial Review of all the legislations in India, past as well as future. This power ...
B.A. LL.B (Advocate)