What is the Article 13 of Indian Constitution?

Article 13 of the Indian Constitution describes the means for judicial review. It enjoins a duty on the Indian State to respect and implement the fundamental right. And at the same time, it confers a power on the courts to declare a law or an act void if it infringes the fundamental rights.

What is the Article 13 of the Constitution?

(1) All laws in force immediately before the commencement of this Constitution in the territory of India, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.

What doctrine is Article 13?

Doctrine of Severability

As per clause (1) of the Article 13 of the Constitution, if any of the laws enforced in India are inconsistent with the provisions of fundamental rights, they shall, to the extent of that inconsistency, be void.

Why do we need Part 13 of Indian Constitution?

Part XIII - consists of Articles on trade and Commerce within the territory of India Articles 301 - 305 on Freedom of Trade and Commerce, and the power of Parliament and States to impose restrictions on the same Article 306 - Repealed - Replaced by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

Is Article 13 an amendment to the Constitution?

Shankari Prasad v. UOI AIR 1951 SC 458 � SC held that the meaning of law under article 13 does not include a constitutional amendment. So, constitutional amendments cannot be challenged u/a 13.

Article 13 of Indian Constitution | With Important Case Laws | Indian Polity

Do Article 13 personal laws come?

Personal laws are not “laws”

As per Article 13(3)(a) of the Constitution, “law” includes any Ordinance… “custom or usage” having in the territory of India the force of law.

What is the meaning of Article 13 section 2?

ARTICLE XIII

Section 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance.

Are Article 12 and 13 fundamental rights?

Editor's Note: In enacting fundamental rights in part III of our Constitution, the founding fathers showed that they had the will, and they were ready to adopt the means to confer legally enforceable fundamental rights.

What is the effect of article 13 on pre constitutional laws and post constitutional laws?

The Constitution of India came into force on 26th January 1950, and thus the Fundamental Rights were secured from this very date. But Article 13 declares that all laws, pre-constitutional or post-constitutional, which are inconsistent or in derogation with fundamental rights are void to the extent of its inconsistency.

What is the meaning of pith and substance?

Pith denotes the 'essence of something' or the 'true nature', while substance states 'the most significant or essential part of something'.

When did Article 13 pass?

The measure was approved by on 26 March 2019 and the directive was approved by the Council of the European Union on 15 April 2019.

Which of the following can be considered as law under Article 13 of the Indian Constitution Mcq?

The correct answer is option 1, i.e. Right to equality. In the Indian Constitution, as per Fundamental Rights, Abolition of Untouchability is a Right to Equality.

What is article 13 of Indian Constitution Upsc?

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.

What is the status of article 13 of Indian Constitution as to the retrospective approach?

The Court ordered that Article 13(1) does not make existing laws inconsistent with the fundamental rights, or void ab initio, for all purposes. But Article 13 makes such laws' ineffectual and void' prospectively based on its exercise of fundamental rights on and after the commencement of the Constitution.

What is art 35A?

Article 35A of the Indian Constitution was an article that empowered the Jammu and Kashmir state's legislature to define "permanent residents" of the state and provide special rights and privileges to them.

What is the meaning of Article 13 section 14?

Article XIII Section 14 on Social Justice and Human Rights of the Constitution provides that the State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and facilities that will enhance their welfare and enable them to realize their full ...

What does Section 13 of the Bill of Rights mean?

, Section 13. The State recognizes the vital role of the youth in natiofi-building and shall ' promote their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

What is Article 13 of the 1987 Philippine Constitution?

Section 13. The State shall establish a special agency for disabled persons for their rehabilitation, self-development, and self-reliance, and their integration into the mainstream of society.

What are the relation and difference between Article 13 and Article 368 of Indian Constitution?

Article 13 prevents the passing of laws which "take away or abridge" the Fundamental Rights provisions. Article 368 does not contain a power to amend the constitution but only a procedure. The power to amend comes from the normal legislative power of Parliament.

Is there Hindu personal law?

The modern Hindu legal system is applied to strictly personal law, including issues of marriage, inheritance and adoption, whereas India's secular legal system is applied to issues of criminal law and civil law.

What are the application and interpretation of article 13 of the Constitution discuss the doctrine precisely with leading cases?

Article 13 of the Indian Constitution provides that the parliament and state legislatures are strictly prohibited from making such laws that may infringe or take away the fundamental rights that are being guaranteed by the constitution itself. The provision talks about four principles relating to fundamental rights.

Who won in Golaknath case?

Golaknath v. State Of Punjab (1967 AIR 1643, 1967 SCR (2) 762), or simply the Golaknath case, was a 1967 Indian Supreme Court case, in which the Court ruled that Parliament could not curtail any of the Fundamental Rights in the Constitution.

Which one of the following doctrine is not related to Article 13 of the Constitution?

The doctrine of Basic Structure

Landmark cases: Shankari Prasad vs Union of India,[3] “It was challenged that Amendment that takes away the fundamental right of the citizens is not allowed by article 13.

Which of the following is not included in the term law used in Article 13 2 of Constitution?

– held- word Law under Art. 13(2) does not include Constitutional amendments/law made by Parliament under Art. 368. Followed in Sajjan Singh v State of Rajasthan-.