AI Overview...
Article 13 of the Constitution of India
Main Points and Insights
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Definition and Scope: Article 13 establishes that any law inconsistent with or in derogation of fundamental rights shall be void to the extent of such inconsistency. It ensures the supremacy of the Constitution and provides that laws violating fundamental rights are null and void Baijnath VS Ram Nath - Himachal Pradesh.
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Protection of Fundamental Rights: Article 13 acts as a safeguard, invalidating laws that infringe upon the fundamental rights guaranteed by Part III of the Constitution, such as equality, freedom, and property rights BASAVARAJ NAGOOR VS STATE OF KARNATAKA - Karnataka.
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Relation with Other Articles: Several cases interpret the scope of Article 13 in relation to other provisions:
- Laws enacted before the Constitution's commencement are scrutinized for constitutionality under Article 13(1). The courts have held that laws made prior to the Constitution are not automatically invalid, and the effect of Article 13(1) is prospective L. Ram Saran Dass VS Sundar Singh - Punjab and Haryana.
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Laws enacted after the Constitution's adoption are examined to ensure they do not violate fundamental rights, with provisions found void if they are inconsistent SHEIKH WAJIH UDDIN VS STATE - Allahabad.
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Law vs. Executive Orders: The courts have clarified that only laws within the meaning of Article 13 include statutes and legislation, not executive orders or administrative instructions unless they have statutory force T. Jayasena Reddy VS Regional Manager, APSRTC - Andhra Pradesh.
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Amendments and Property Rights: Certain amendments, such as the 44th Amendment, removed the fundamental right to property, and laws related to property rights are examined for constitutionality under Article 13 Maria Eliza Marques VS Madhukar M. Moraskar and others - Bombay.
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Judicial Interpretation: The judiciary has emphasized that laws must be reasonable, just, and within constitutional limits to be valid under Article 13. Laws that are arbitrary or unjustified are declared void Diocese of Varanasi Education Society VS State of U. P. - Allahabad.
Analysis and Conclusion
Article 13 of the Indian Constitution serves as a pivotal provision ensuring the supremacy of the Constitution by invalidating laws that violate fundamental rights. It provides a mechanism for judicial review, safeguarding citizens' rights against unconstitutional legislation and executive actions. The courts have consistently held that only laws with statutory force are subject to scrutiny under Article 13, and laws enacted prior to the Constitution's adoption are generally protected unless they are inherently inconsistent with fundamental rights. The interpretation of Article 13 underscores the importance of reasonableness and justice in legislation, reinforcing the constitutional framework's integrity.
References: - Baijnath VS Ram Nath - Himachal Pradesh - Debi Soren VS State Of Bihar - Patna - SHEIKH WAJIH UDDIN VS STATE - Allahabad - Superintending Engineer, Faizabad Circle VS Presiding Officer, Labour Court, U. P. , Faizabad - Allahabad - L. Ram Saran Dass VS Sundar Singh - Punjab and Haryana - Maria Eliza Marques VS Madhukar M. Moraskar and others - Bombay - T. Jayasena Reddy VS Regional Manager, APSRTC - Andhra Pradesh - Bilal Ahmad Dar VS State of J&K - Jammu and Kashmir - BASAVARAJ NAGOOR VS STATE OF KARNATAKA - Karnataka - Diocese of Varanasi Education Society VS State of U. P. - Allahabad
Search Results for "Article 13 of the Constitution of India"
1950 0 Supreme(HP) 17 • India - Himachal Pradesh
CHOWDHRY
25 of the Constitution. ... 25 of the Constitution. ... 13 OF THE CONSTITUTION OF INDIA - ARTICLE 19 (I) (G) OF THE CONSTITUTION OF INDIA - ARTICLE 11 OF THE CIVIL PROCEDURE CODE - RES ... Constitution. ... True, under Art. 19 (I) (g) of the Constitution all citizens have the right to practise any profession, or to carry on any occupation trade or business; but that is subject to reasonable restrictions in the interests of the general public under cl. (6) of that #HL_....
1953 0 Supreme(Pat) 140 • India - Patna
RAI, S.K.DAS
Whether the provisions of Sections 124A and 153A, Penal Code are void by reason of Article 13(1), Constitution of India? 2. ... The court held that the provisions of Sections 124A and 153A, Penal Code were not void by reason of Article 13(1), Constitution of ... The court interpreted the expression "in the interests of public order" in Clause (2) of Article 19 of the Constitution of India ... 19(l)(a) of the Constitution, are void by reason of Article 13#HL_....
1962 0 Supreme(All) 81 • India - Allahabad
JAGDISH SAHAI, T.RAMABHADRAN
C. is intra vires Article 19 (2) of the Constitution. ... C. is intra vires Article 19 (2) of the Constitution and that the provisions of the section are not too widely worded or indefinite ... C. is intra vires Article 19 (2) of the Constitution and directed that the record of the case along with a copy of the judgment shall ... That the provisions of Section 153-A are void under Article 13 of the Constitution of India. No other submission has been ....
2020 0 Supreme(All) 447 • India - Allahabad
SANGEETA CHANDRA
under the Industrial Disputes Act – Held, Financial Handbook containing Fundamental Rules are in the nature of ‘law’ as defined in Article ... Finding of the Court: Financial Handbook containing Fundamental Rules are in the nature of ‘law’ as defined in Article ... 13 of the Constitution of India and they carry statutory force – Awards impugned passed by the Labour Courts in these two writ petitions ... The Financial Handbook containing Fundamental Rules are in the nature of ‘law’ as defined in Article 13#HL_EN....
1952 0 Supreme(P&H) 20 • India - Punjab and Haryana
KAPUR
Ratio Decidendi: The court applied the principle that Article 13(1) of the Constitution is prospective and does not affect ... 13(1) of the Constitution is prospective and does not affect actions taken or rights accrued before its commencement. ... Limitation - Execution Proceedings - Interpretation of Article 13(1) of the Constitution of India Fact of the Case: ... There it was held that the effect of Article 13(1) of the #HL_STA....
1997 0 Supreme(Bom) 618 • India - Bombay
R.M.LODHA, R.K.BATTA
Articles 31 and 19(1)(f) which made the right to property a fundamental right were deleted by the 44th Amendment in the Constitution ... to property a fundamental right were deleted by the 44th Amendment in the Constitution. ... 300-A and 31-A of the Constitution of India and therefore, is ultra vires the Constitution (ii) mere fact of the occupation of the ... -B read with the Ninth Schedule to the Constitution. ... Articles 31 and 19(1)(f) which made the right to property a fundament....
1994 0 Supreme(AP) 538 • India - Andhra Pradesh
S.R.NAYAK
Whether the Government orders relied upon by the petitioner were law within the meaning of Article 13 of the Constitution. 3. ... - REFUND OF STIPEND - GOVERNMENT ORDERS - INTERPRETATION - COURT'S JURISDICTION - ARTICLE 13 - ARTICLE 14 - CONSTITUTION OF INDIA ... 14 of the Constitution. ... She also pointed out that the two orders on which the petitioner has placed reliance, are not "law" within the meaning of article 13 of the #HL_....
2017 0 Supreme(J&K) 677 • India - Jammu and Kashmir
TASHI RABSTAN
(A) J&K Public Safety Act, 1978 – Sections 8 and 13 – Constitution of India – Article 22(5) – Preventive detention – Right of personal ... liberty is most precious right guaranteed under Constitution – A person is not to be deprived of his personal liberty except in ... of India – Article 22(5) – Preventive detention – J&K Public Safety Act, 1978 is designed to acts that are prejudicial to security ... However, framers of the Constitution have, by incorporating Article 22(5) in the #HL....
1998 0 Supreme(Kar) 712 • India - Karnataka
G.C.BHARUKA
the rights conferred under Part III of the Constitution, including the right of equality enshrined in Articles 14, 15, and 16. ... The court declared Rule 3-b as void under Article 13(2) of the Constitution of India, prohibiting the state from making any law abridging ... of the Court: The court found that the impugned rules were constitutionally invalid and declared Rule 3-b as void under Article ... It deserves to be pointed out that even while making reservations for members of the scheduled castes ....
2019 0 Supreme(All) 1109 • India - Allahabad
GOVIND MATHUR, SAURABH SHYAM SHAMSHERY
unreasonability, unjustifiability and fancy – If a provision is just and reasonable and otherwise satisfies the four corners of Article ... institutions, without interference therein for broader interest of the ultimate consumer, as such we do not find any violation of Article ... unreasonability, unjustifiability and fancy – If a provision is just and reasonable and otherwise satisfies the four corners of Article ... Section 8 of the Act provides for District Fee Regulatory Committee, its constitution, functions and pow....
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