Law Inconsistent with Fundamental Rights – Article 13

To prepare for Indian Polity for any competitive exam, aspirants have to know about the basics of Fundamental Rights. It gives an idea of all the topics important for IAS Exam and the polity syllabus (GS-II). Fundamental Rights and related topics are extremely important for the UPSC Exam. This is an essential portion of the polity. As IAS aspirants, you should be thorough with the Union and Territories. This article will provide you with relevant details about the Nature of Fundamental Rights.

• 13 – All laws that are inconsistent with or in derogation of any of the fundamental rights shall be void.
• This article expressively provides for the doctrine of judicial review.
• This power has been conferred on the SC (Art – 32) and the HC (Art – 226) that can declare a law unconstitutional and invalid on the ground of contravention of any of the Fundamental Rights.
• The term ‘law’ in Art – 13 has been given a wide connotation so as to include the following:
  • Permanent laws enacted by the Parliament or the state legislatures;
  • Temporary laws like ordinances issued by the president or the state governors;
  • Statutory instruments in the nature of delegated legislation (executive legislation) like order, bye-law, rule, regulation or notification;
  • Non-legislative sources of law, that is, custom or usage having the force of law.
• Not only legislation but any of the above can be challenged in the courts as violating a Fundamental Right and hence, can be declared as void.