What happens when a law collides with a Fundamental Right? Article 13 supplies the answer: the law is void to the extent of the inconsistency. It is the enforcement engine of Part III — and the source of the three great doctrines: eclipse, severability, and the definition of ‘law’.
(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 and any law made in contravention of this clause shall, to the extent of the contravention, be void. (3) In this article, unless the context otherwise requires, — (a) ‘law’ includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law; (b) ‘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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed. (4) Nothing in this article shall apply to any amendment of this Constitution made under Article 368.
What Article 13 Does
- 13(1)Pre-Constitution laws in force, inconsistent with Part III, are void to the extent of inconsistency.
- 13(2)The State shall not make any law that takes away or abridges Fundamental Rights; contravening laws are void.
- 13(3)‘Law’ includes ordinances, orders, bye-laws, rules, regulations, notifications, customs and usages.
- 13(4)The article does not apply to constitutional amendments under Article 368.
- So whatArticle 13 is how Fundamental Rights defeat conflicting laws.
The Three Doctrines
- SeverabilityOnly the inconsistent part is void, if it can be separated from the rest.
- EclipseA pre-Constitution law does not die; it is eclipsed and revives if the conflicting right is removed.
- ProspectiveArticle 13 does not generally make laws retroactively void — past acts under them may stand.
- So whatThe doctrines decide how much of a law dies and whether it can come back.
Article 13 in Action
- Judicial reviewArticle 13 is the textual basis of judicial review of legislation for Fundamental Rights violations.
- AmendmentsAfter Kesavananda (1973), even constitutional amendments can be reviewed under the basic structure, despite 13(4).
- So whatArticle 13 turns Fundamental Rights from promises into enforceable law.
- So whatArticle 13 is why every law is scrutinised against Part III before it can stand.
Work through a 5-question chain on Article 13, then keep practising with a random Indian Polity question.
The Story of the Void Clause
- 1947-49The framers wanted a direct mechanism to strike down laws that violated the new rights.
- Shankari Prasad 1951The Court held that constitutional amendments are not ‘law’ under Article 13.
- 24th Amendment 1971Parliament added clause (4) to shield amendments — only for Kesavananda to save judicial review anyway.
- So whatArticle 13’s battlefield is the most fought-over text in Indian constitutional law.
- Why it mattersThe clash over whether amendments count as ‘law’ produced the basic-structure doctrine — India’s biggest constitutional innovation.
CDS I 2020: Exceptions to Articles 14-19
- QuestionCDS and other competitive exams ask which Articles are exceptions to the Fundamental Rights in Articles 14 and 19 — Articles 31A and 31C.
- Why31A and 31C save certain laws from Articles 14 and 19 attacks; 12 and 13 define State and law.
- LinkSource: CDS I 2020 (see Q22).
UPSC 2026: The Meaning of ‘Law’
- QuestionUPSC and other competitive exams ask about the comprehensive meaning of ‘law’ under Article 13 — it includes ordinances, orders, rules and regulations.
- WhyArticle 13(3)(a) gives the widest definition of law, including customs and usages.
- LinkSource: UPSC CSP 2026 (see Q54).
CDS II 2016: The Ninth Schedule
- QuestionCDS and other competitive exams ask which statement about the Ninth Schedule is not correct — it does not make laws immune to all judicial review after the basic-structure doctrine.
- WhyLaws in the Ninth Schedule are protected from Article 13 challenges only to the extent they do not violate the basic structure.
- LinkSource: CDS II 2016 (see Q114).
Article 13 in the Headlines
- Why it mattersEvery time a law is struck down for violating rights — from Aadhaar to privacy — Article 13 is the instrument.
- So whatArticle 13 is the sword that makes Fundamental Rights real.
- DevelopmentLaws struck down for violating rights — from privacy to speech — all cite Article 13 as the instrument.
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