Article 13 of COI

Article 13 as it is in Constitution:

13. Laws inconsistent with or in derogation of the fundamental rights.—

(1) All laws in force in the territory of India 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.

(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.

(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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

1[(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.]

Note: 1. Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 2 (w.e.f. 5-11-1971).

==========

Short Q and A:

Q 1. What is Article 13 is about?

Ans. Article 13 is about the inconsistency of the laws with fundamental rights described in Part III of the Constitution.

Q 2.  Which laws are made void under Clause (1) of Article 13 of COI?

Ans. All laws in force within the territory of Bharat immediately before the commencement of the constitution which are inconsistent with the fundamental rights described under Part III of the constitution are made void upto the extent of such inconsistency under Clause (1) of Article 13 of COI.

Q 3. Is there any provision for making laws by State in future? What is it?

Ans. Yes there is a provision under Clause (2) of Article 13 for making laws by State in future. State shall make laws which are not in contravention to the provisions given under Part III of COI.

Q 4. What if any law made by State is in contravention of provisions of Part III of COI?

Ans. If any law made by State is in contravention of provisions of Part III of COI then it must deemed void to the extent of the contravention.

Q 5. What is meaning of Law under Article 13?

Ans. Under Article 13 "Law" means any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India. (Sub-Clause (a) of Clause (3))

Q 6. What is meaning of "Law in force" under Article 13?

Ans. As per Article 13: “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. (Sub-Clause (b) of Clause (3)).

Q 7. When Article 13 was amended?

Ans. Article 13 was amended in 1971 by Constitution (Twenty Fourth Amendment) Act, 1971.

Q 8. What provision inserted by 24th amendment of constitution in Article in 13?

Ans 24th Amendment of Constitution inserted Clause (4) in Article 13 which state that no provisions shall be applied to any amendment of Constitution under Article 368. This provision empowered the Parliament to amend the fundamental rights of the people of Bharat.

==========

Related Case Laws:

The State of Madras vs. Srimathi Champakam:

Facts of the case: An order (known as the Communal G. O.) issued by the Province of Madras regarding to admission of students to the Engineering and Medical Colleges of the State which states that seats should be filled in by the selection committee strictly on the following basis, i.e., out of every 14 seats, 6 were to be allotted to Non-Brahmin (Hindus), 2 to Backward Hindus, 2 to Brahmins, 2 to Harijans. 1 to Anglo-Indians and Indian Christians and 1 to Muslims.

The court held that the Communal G.O. constituted a violation of the fundamental right guaranteed to citizens of India by Art. 29 (2) of the Constitution, namely, that "no citizen shall be denied admission to any educational institution maintained by the State or receiving aid out of the State funds on grounds only of religion, race, caste, language or any of them” and was therefore void under Art. 13.