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”.
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
- Article 12 defines “State”.
- Article 14 is the Right to Equality.
- Article 31A saves laws for land reforms.
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
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