This post explains Article 13 of the Indian Constitution, which is an important provision that deals with the laws that are inconsistent with or in derogation of fundamental rights. It discusses the implications of Article 13, the types of laws covered under it, and the role of the judiciary in enforcing it.
Article 13 of the Indian Constitution is a crucial provision that ensures the protection of fundamental rights of Indian citizens. It states that any law that is inconsistent with or in derogation of the fundamental rights shall be void to the extent of its inconsistency. This means that if any law violates the fundamental rights of citizens, then such a law will be declared invalid by the judiciary.
The term “law” as used in Article 13 includes any ordinance, order, by-law, rule, regulation, notification, custom, or usage having the force of law. Therefore, it covers all types of laws, whether made by the legislature or any other authority.
The purpose of Article 13 is to ensure that the fundamental rights of citizens are not violated by any law made by the government. It acts as a check on the powers of the legislature and executive and ensures that they do not act arbitrarily and infringe upon the rights of the citizens. It ensures that the government does not make laws that are against the spirit of the Constitution and the principles of natural justice.
The judiciary plays an essential role in enforcing Article 13. The courts are empowered to declare any law that is inconsistent with or in derogation of the fundamental rights as void. The courts can also declare any action taken by the government under such a law as invalid. The judiciary thus acts as a protector of the rights of citizens and upholds the rule of law.
In conclusion, Article 13 of the Indian Constitution is a crucial provision that ensures the protection of fundamental rights of citizens. It acts as a check on the powers of the government and upholds the principles of natural justice. The role of the judiciary in enforcing Article 13 is crucial as it ensures that citizens’ rights are protected and the rule of law is upheld.