Article 13 of the Indian Constitution deals with the laws inconsistent with or in derogation of the fundamental rights. It upholds the supremacy of the Indian Constitution and paves the way to judicial review. The article enables us to review the pre-constitutional and existing laws and is a restriction/check on parliament and state legislatures. The power of the judiciary is considered to be supreme in guarding and enforcing the fundamental rights guaranteed in the Indian Constitution under Part III.
According to Article 13, 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. 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. In this article, the expression “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having the force of law in the territory of India or any part thereof.
