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Article 13 Constitution of India-Laws inconsistent with or in derogation of the fundamental rights

advtanmoy 03/12/2020 2 minutes read

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Jawaharlal Nehru signing the Indian Constitution, 1950

Jawaharlal Nehru signing the Indian Constitution, 1950

Home ยป Law Library Updates ยป Law Library ยป Indian Central Acts ยป Constitution of India ยป Article 13 Constitution of India-Laws inconsistent with or in derogation of the fundamental rights

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,-

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(a) โ€œlawโ€ includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;

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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

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


141- Law declared by Supreme Court to be binding on all Courts โ€“ The law declared by the Supreme Court shall be binding on all Courts within the territory of India.


 

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