Laws inconsistent with or in derogation of the fundamental rights
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part III, Article 13
- Last human source-link check
- Not yet checked
- Last human legal review
- Not yet reviewed
AI-assisted source comparisons are noted with the citations below; the check date remains pending until a human confirms the link. The report link opens your email app; you choose whether to send it.
1. In One Sentence
Makes the Constitution supreme: any pre-existing or new law, ordinance, rule, or custom that violates Fundamental Rights is automatically void to the extent of that violation.
2. What It Means in Everyday Language
Article 13 is the bedrock of judicial review in India. It establishes that Fundamental Rights are supreme and that no law or government action can take them away.
It operates in two directions: (1) Clause (1) covers pre-constitutional colonial laws: Any British-era law that was in force before 26 January 1950 becomes invalid and void to the extent that it conflicts with Fundamental Rights (the Doctrine of Eclipse). (2) Clause (2) covers post-1950 laws: The State is strictly prohibited from enacting any new law, passing any ordinance, or issuing any notification that takes away or restricts Fundamental Rights. Any such law is void from the moment it is made.
Broad definition of "law": Clause (3) defines law expansively to include parliamentary acts, state laws, presidential or gubernatorial ordinances, government notifications, municipal bye-laws, and even ancient customs and usages having the force of law.
Constitutional amendments and the Basic Structure Doctrine: In the historic Kesavananda Bharati case (1973), the Supreme Court ruled that although constitutional amendments are passed under Article 368, Parliament cannot use its amending power to destroy or abrogate the "Basic Structure" of the Constitution—which includes Fundamental Rights, judicial review, and the secular democratic character of the Republic.
3. Practical Illustrative Example
A state government issues an executive order or police notification prohibiting citizens from publishing critical news reports on public issues.
4. Important Limits, Qualifications & Exceptions
The constitutional anchor of judicial review, invalidating any law that infringes Part III rights.
- Pre-constitutional laws: Become void to the extent of inconsistency (Doctrine of Eclipse).
- Post-constitutional laws: Cannot abridge or take away Part III rights (void ab initio to the extent of contravention).
- Doctrine of Severability: Only the unconstitutional part is struck down if it is separable from the rest of the statute.
- Basic Structure limitation: Even constitutional amendments under Article 368 cannot destroy the basic core of fundamental rights (Kesavananda Bharati, 1973).
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Ministry of Law and Justice, Government of India (Legislative Department, Ministry of Law and Justice) • Part III, Article 13 • Human source-link check pending
Official consolidated text of the Constitution published by the Legislative Department, Ministry of Law and Justice.
- •Supreme Court of India • (1973) 4 SCC 225 • Human source-link check pending
Judgment of the Supreme Court of India, cited to the official Supreme Court Reports (SCR).
- •Lok Sabha Secretariat (Parliament of India / Lok Sabha Secretariat) • Volume VII, 29 November 1948 • Human source-link check pending
Official verbatim record of Constituent Assembly proceedings published by the Lok Sabha Secretariat.