Article 13 Of The Indian Constitution- Article 13

1. Article 13

Article 13 of the Indian Constitution is the legal shield protecting fundamental rights from arbitrary laws. It declares that any law violating Part III (Fundamental Rights) shall be void.

Why is this crucial for lawyers?

It forms the basis of judicial review in India.
Helps challenge unconstitutional laws in court.

2. What Does Article 13 Say? (Text & Interpretation)

The actual text of Article 13 states:

“All laws in force in India before the commencement of this Constitution, in so far as they are inconsistent with fundamental rights, shall be void.”

Key Legal Implications:
✔ Prevents arbitrary laws against fundamental rights.
✔ Empowers courts to strike down unconstitutional laws.

3. Types of Laws Under Article 13

A. Article 13(1): Pre-Constitutional Laws

Laws made before 1950 (e.g., colonial-era laws).
If they violate fundamental rights, they are void.

B. Article 13(2): Post-Constitutional Laws

Any law made after 1950 that violates fundamental rights is invalid.

C. Article 13(3): Definition of ‘Law’

Includes ordinances, regulations, customs, and notifications.

D. Article 13(4): Constitutional Amendments Exception

After the 24th Amendment (1971), amendments under Article 368 are not considered ‘law’ under Article 13.

4. Judicial Review & Article 13

Judicial Review = Power of courts to examine laws.
If a law violates fundamental rights, the Supreme Court & High Courts can strike it down.

Example:

Section 377 IPC (Navtej Singh Johar Case, 2018) – Struck down for violating right to equality & privacy.

5. Landmark Supreme Court Cases

A. Golaknath Case (1967)

Issue: Can Parliament amend fundamental rights?
Verdict: No, fundamental rights cannot be amended.
Impact: Later overturned by 24th Amendment.

B. Kesavananda Bharati Case (1973)

Issue: Can Parliament alter the Basic Structure of the Constitution?
Verdict: No, Basic Structure is unamendable.
Impact: Saved Indian democracy from absolute parliamentary power.

C. Minerva Mills Case (1980)

Issue: Conflict between Fundamental Rights & Directive Principles.
Verdict: Parliament cannot destroy this balance.

6. Article 13 vs. Basic Structure Doctrine

Article 13: Protects fundamental rights from laws.
Basic Structure Doctrine: Protects Constitution from amendments.
Together, they ensure constitutional supremacy.

7. Critical Analysis: Does Article 13 Give Too Much Power to Judiciary?

Arguments For:
✔ Prevents misuse of legislative power.
✔ Essential for protecting rights.

Arguments Against:
❌ Courts may overrule elected representatives.
❌ Can lead to judicial overreach.

Lawyer’s Take:

A necessary check-and-balance in democracy.

8. How Lawyers Use Article 13 in Litigation?

Challenging unconstitutional laws (e.g., CAA, Sedition Law).
Defending clients against rights violations.
Public Interest Litigations (PILs) to enforce fundamental rights.

9. FAQs on Article 13

Q1. Can Article 13 be amended?

A: Yes, but not in a way that destroys fundamental rights (Basic Structure Doctrine).

Q2. Does Article 13 apply to private companies?

A: No, only against State actions (Article 12).

Q3. What is the difference between Article 13(1) and 13(2)?

13(1): Pre-1950 laws.
13(2): Post-1950 laws.