ARTICLE 13 OF THE INDIAN CONSTITUTION
Fundamental rights are very important and significant in part 3 of the indian constitution. Fundamental rights are contained in part 3 of the Indian constitution, they are sacrosanct in nature. They are the soul of the constitution, most important articles in indian constitution are article 12 and article 13 now here we will look at article 13 of the indian constitution. Fundamental rights are considered to be on the level of god no one can’t amend them. Article 13 of the indian constitution do upholds the supremacy over Indian constitution and do paves way to judicial review.
Through the article 13 the parliament and state legislatures are being prohibited from making such laws that may infringe or take away the fundamental rights by the indian constitution itself. The pre-existing laws may not able to meet the changing conditions of today’s lifestyle of people. So article 13 gives the power to high court and supreme court to re-write the pre-constitutional laws, so as to make laws meet the changing conditions of today’s lifestyle of people.
Article 13 talks about four principle of fundamental rights.
- It expressively provides for judicial review.
- Laws inconsistent with fundamental rights
- All laws that are inconsistent with or in derogation of any fundamental rights shall be void.
- Sc(32),HC(226) can declare a law unconstitutional on the above ground.
In the article 13 the term law means.
- Permanent laws
- State assembly
- Temporary laws
- Statutory Instruments
- Bye laws
Article 13 declares: Constitutional amendment is not a law and can’t be challenged.
The article 13 not only asserts the supremacy of indian constitution but also makes way for judicial review. This legislation creates scope for reviewing pre-constitutional and existing laws. Although the legitimacy of Judicial interventions in constitutional matters has sparked debates, yet in most cases, the power of judicial review is evoked to protect and enforce the fundamental right guaranteed in Part 3 of the Indian constitution .
AMENDMENT TO ARTICLE 13 OF THE CONSTITUTION
The 24th amendment to the indian constitution was enacted by the then Indira Gandhi government in November 1971.The objective was to nullify the supreme court’s ruling that had left the parliament with no power to curtail the fundamental rights. Clause(4) was inserted in Article 13 which states that Nothing in this article shall apply to any amendment of this constitution made under article 368.This provision add more power to the Parliament when it comes to amending the the constitution .It brought Fundamental rights within the purview of of amending the constitution .It brought fundamental rights within the purview of amendment procedure and judicial intervention or review of those amendment was prohibited
Author: vedant bajaj,
Symbiois law school nagpur,Ballb 1st yr student