ARTICLE 12, 13 OF CONSTITUTION OF INDIA 1949

What are the Definitions of Fundamental Rights? What are Laws inconsistent with or in derogation of the fundamental rights? Article 12 and 13 of Constitution of India, 1949

Fundamental Rights Definition and Laws inconsistent with or in derogation of the fundamental rights are defined under Article 12 and 13 of Constitution of India 1949. Provisions under these Articles are:

 

 

Article 12 of Constitution of India "Fundamental Rights - Definition"

In this part, unless the context otherwise requires, "the State" includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

 

Article 13 of Constitution of India "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.-

"law" includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usages having in the territory of India the force of law;

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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.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

 

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