PPT: Fundamental Rights- 2 | Indian Polity for UPSC CSE PDF Download

 Page 1


Fundamental Rights 
(Article 13)
Prelims 2020 Crash Course 
Capstone IAS Learning
Page 2


Fundamental Rights 
(Article 13)
Prelims 2020 Crash Course 
Capstone IAS Learning
What will we cover
Article 13 
Purpose of Article 13 
Provision of Judicial Review 
Can Part 3 of the Constitution be Amended
Page 3


Fundamental Rights 
(Article 13)
Prelims 2020 Crash Course 
Capstone IAS Learning
What will we cover
Article 13 
Purpose of Article 13 
Provision of Judicial Review 
Can Part 3 of the Constitution be Amended
Article 13
(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 this contravention, be void. 
(3) In this article, unless the context otherwise requires,- 
(a) “law” includes any ordinance, order, bye-law, rule, regulation, noti?cation, custom or usage 
having in the territory of India the force of law; 
(b) “laws in force” includes laws passed or made by Legislature or other competent authority in the 
territory of India before the commencement of this Constitution and not previously repealed, 
notwithstanding that any such law or any part thereof may not then in operation either at all or in 
particular areas. 
[(4) Nothing in this article shall apply to any amendment of this Constitution made under article 
368.]
Page 4


Fundamental Rights 
(Article 13)
Prelims 2020 Crash Course 
Capstone IAS Learning
What will we cover
Article 13 
Purpose of Article 13 
Provision of Judicial Review 
Can Part 3 of the Constitution be Amended
Article 13
(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 this contravention, be void. 
(3) In this article, unless the context otherwise requires,- 
(a) “law” includes any ordinance, order, bye-law, rule, regulation, noti?cation, custom or usage 
having in the territory of India the force of law; 
(b) “laws in force” includes laws passed or made by Legislature or other competent authority in the 
territory of India before the commencement of this Constitution and not previously repealed, 
notwithstanding that any such law or any part thereof may not then in operation either at all or in 
particular areas. 
[(4) Nothing in this article shall apply to any amendment of this Constitution made under article 
368.]
Parts of  
Article 13
Judicial Review
De?nition & Validity  
Of Law
Amendment of 
Fundamental Rights
Page 5


Fundamental Rights 
(Article 13)
Prelims 2020 Crash Course 
Capstone IAS Learning
What will we cover
Article 13 
Purpose of Article 13 
Provision of Judicial Review 
Can Part 3 of the Constitution be Amended
Article 13
(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 this contravention, be void. 
(3) In this article, unless the context otherwise requires,- 
(a) “law” includes any ordinance, order, bye-law, rule, regulation, noti?cation, custom or usage 
having in the territory of India the force of law; 
(b) “laws in force” includes laws passed or made by Legislature or other competent authority in the 
territory of India before the commencement of this Constitution and not previously repealed, 
notwithstanding that any such law or any part thereof may not then in operation either at all or in 
particular areas. 
[(4) Nothing in this article shall apply to any amendment of this Constitution made under article 
368.]
Parts of  
Article 13
Judicial Review
De?nition & Validity  
Of Law
Amendment of 
Fundamental Rights
Judicial Review
Judicial Review refers to the powers of the judiciary to interpret the 
Constitution and to declare any such law of legislature or order of 
executive void, if it ?nds them to be in contravention to the 
Constitution. 
It was invented by the polity of USA as declared by Justice Marshall in 
Marbury Vs Madison case, 1707. 
Article 13 (1) and (2), provides for the concept of Judicial review. 
T o this extent, our Constitution follows the American model rather than 
the English one. 
As discussed earlier, Indian Constitution effects a compromise between 
the doctrine of Parliamentary Sovereignty and Judicial Supremacy.