LAWS INCONSISTENT WITH OR
IN DEROGATION OF THE FUNDAMENTAL RIGHTS GIVEN BY THE CONSTITUTION.
Article 13 of the constitution states
that
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 or any
law made in contravention of this clause shall, to the extent of the contravention,
be void.
3. In this article unless
context otherwise requires:-
·
‘law’ includes ordinance, order, byelaw, rule, regulation,
notification, custom or usage having in the territory of india the force of law
·
“laws in force” 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of this constitution and not previously repealed, not withstanding that any
such law or any part thereof may not be then in operation either at all or in
particular area.
4.Nothing in this article shall apply to any amendment of this constitution
made under article 368.
0 Comments