Constitution of IndiaPart III

Article 13

Laws Inconsistent with or in Derogation of the Fundamental Rights

fundamental rightsvoidinconsistentjudicial reviewpre-constitutional laws

Plain English Explanation

Article 13 is the guardian of Fundamental Rights. It states: (1) Pre-constitutional laws inconsistent with Fundamental Rights are void to that extent, (2) The State cannot make laws that take away or reduce Fundamental Rights — any such law is void. The Supreme Court in Shankari Prasad (1951) held that "law" in Article 13 includes ordinary legislation but not constitutional amendments (overruled partly in Golaknath v. Punjab, 1967, and settled in Kesavananda Bharati, 1973).

Legal Text

The Constitution of India · Article 13

(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.