Menu

Article 13 of the Constitution

What happens when a law collides with a Fundamental Right? Article 13 answers: the law is void to the extent of the inconsistency. It is the enforcement engine of Part III. It also gave us three great ideas: eclipse, severability, and the wide meaning of “law”.

13(1) Old laws inconsistent with Part III are void.
13(2) New laws taking away rights are void.
13(3) “Law” includes rules, orders, customs.
13(4) Added in 1971; excludes Article 368 amendments.

Eclipse: Old law revives if the right is removed.

Severability: Only the bad part is void.

Prospective: Past acts under old law may stand.

Basic structure: Limit on amendments, from Kesavananda.

1Chapter 1: What Article 13 Says

Must Know

The four clauses

  • 13(1): pre-Constitution laws in force, inconsistent with Part III, are void to the extent of the inconsistency.
  • 13(2): the State shall not make any law that takes away or abridges Fundamental Rights. A law that does is void to that extent.
  • 13(3): “law” includes ordinances, orders, bye-laws, rules, regulations, notifications, customs and usages having the force of law.
  • 13(4): the article does not apply to constitutional amendments under Article 368.
  • 13(4) was added by the 24th Amendment in 1971.

The three doctrines

  • Severability: only the inconsistent part is void, if it can be separated from the rest.
  • Eclipse: a pre-Constitution law is not dead. It is eclipsed by the right, and revives if the conflicting right is removed.
  • Prospectivity: Article 13 does not generally make laws void backwards in time. Past acts under them may stand.
  • The doctrines decide how much of a law dies, and whether it can come back.

Remember: 13(1) old laws, 13(2) new laws, 13(3) meaning of law, 13(4) amendments. Eclipse = old laws only.

True or False: The doctrine of eclipse applies to pre-Constitution laws.

2Chapter 2: Article 13 in Action

Good to Know

Judicial review

  • Article 13 is the textual basis of judicial review of legislation for Fundamental Rights violations.
  • It turns Fundamental Rights from promises into enforceable law.
  • Every law is checked against Part III before it can stand.
  • See Separation of Powers and Judicial Review.

Amendments

  • Even with 13(4), constitutional amendments can be reviewed under the basic-structure doctrine.
  • That came from Kesavananda Bharati (1973).

Neighbouring articles

Remember: Article 13 = sword that makes Fundamental Rights real.

True or False: Under Article 13, a void law is struck down entirely.

3Chapter 3: The Story of the Void Clause

Great to Know

From the framers to Kesavananda

  • 1947–49: the framers wanted a direct way to strike down laws that violated the new rights.
  • 1951, Shankari Prasad: the Court held that constitutional amendments are not “law” under Article 13.
  • 1967, Golak Nath: the Court reversed course and held amendments are “law”.
  • 1971: Parliament added clause (4) to shield amendments.
  • 1973, Kesavananda Bharati: the Court kept judicial review alive anyway, through the basic-structure doctrine.
  • That clash over whether amendments count as “law” produced the basic-structure doctrine, India’s biggest constitutional innovation.
Think it through: Think it through: why not treat amendments as “law”?

If amendments were “law”, any one could be struck down for hurting a right. If they were not, Parliament could erase rights by amendment. The basic-structure doctrine took the middle path.

4Chapter 4: Past Papers

Exam Point of View

CDS I 2020: exceptions to Articles 14–19

  • The question asked which Articles are exceptions to the rights in Articles 14 and 19.
  • The answer: Articles 31A and 31C.
  • They save certain laws from attacks under Articles 14 and 19.
  • Articles 12 and 13 define “State” and “law”.
  • (Source: CDS I 2020, Q22.)

UPSC 2026: the meaning of “law”

  • The question asked about the wide meaning of “law” under Article 13.
  • It includes ordinances, orders, rules and regulations.
  • Article 13(3)(a) gives the widest definition, including customs and usages.
  • (Source: UPSC CSP 2026, Q54.)

CDS II 2016: the Ninth Schedule

  • The question asked which statement about the Ninth Schedule is not correct.
  • The incorrect idea is that Ninth Schedule laws are immune from all judicial review.
  • After the basic-structure doctrine, they are protected only so far as they do not violate the basic structure.
  • (Source: CDS II 2016, Q114.)

True or False: Ninth Schedule laws are not immune from all judicial review.

5Chapter 5: Current Affairs

Current Affairs

Article 13 in the headlines

  • Whenever a law is struck down for violating rights, Article 13 is the instrument.
  • Rulings on privacy and speech both rest on it.
  • Article 13 is why a law, however popular, cannot override Part III.

True or False: Article 13(3)(a) defines “law” to include customs and usages.

Quick Q&A

  • Clause on pre-Constitution laws? 13(1).
  • 13(4) added by? 24th Amendment, 1971.
  • Amendments are law? (1951) No, Shankari Prasad.
  • Eclipse applies to? Pre-Constitution laws.
  • Article 13 voids? Only to the extent of inconsistency.

MCQ on Article 13

Question 1 of 1

Under Article 13(3), which of these does NOT count as “law”?

Question 1 of 1

What did the Supreme Court rule in Golak Nath v. State of Punjab (1967)?

Question 1 of 1

How did the 24th Amendment (1971) respond to the Golak Nath ruling?

Question 1 of 1

The doctrine of eclipse applies to which category of law under Article 13?

Question 1 of 1

What did Kesavananda Bharati v. State of Kerala (1973) establish?

Question 1 of 1

In Kesavananda Bharati v. State of Kerala (1973), H.R. Khanna’s vote helped establish which doctrine, in a narrow 7-6 ruling?

Question 1 of 1

The basic structure doctrine with regard to the Constitution of India relates to
1. the power of judicial review
2. the judgment in Kesavananda Bharati case (1973)
3. the constraints on Article 368 of the Constitution of India
4. the judgment in Golaknath case (1967).

Select the correct answer using the code given below.

Answered 0 of 4 checks.

Was this helpful?

Beyond the answer

    Leave a Reply

    [privacy-do-not-sell-link]

    Discover more from MCQ Questions

    Subscribe now to keep reading and get access to the full archive.

    Continue reading

    ✨Ask doubt
    ✨ Ask a Question AI×
    [privacy-do-not-sell-link]