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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territory of India before the commencement of this Constitution and not previously repealed, 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.
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FAQs on PPT: Fundamental Rights- 2 - Indian Polity for UPSC CSE

1. What are fundamental rights?
Ans. Fundamental rights are basic rights and freedoms that are guaranteed to every individual by the constitution of a country. These rights are essential for the overall development and well-being of individuals, and they protect individuals from any arbitrary actions by the government or any other authority.
2. What is the importance of fundamental rights?
Ans. Fundamental rights play a crucial role in ensuring the protection and promotion of individual dignity, liberty, and equality. They provide citizens with certain basic rights such as the right to life, freedom of speech, right to equality, right to education, etc., which are essential for a democratic society.
3. Can fundamental rights be restricted or limited?
Ans. Yes, fundamental rights are not absolute and can be restricted or limited under certain circumstances. The constitution allows for reasonable restrictions on fundamental rights in the interest of public order, morality, security, and the sovereignty of the nation. However, such restrictions should be reasonable and not arbitrary.
4. What is the procedure to enforce fundamental rights?
Ans. In case of a violation of fundamental rights, individuals have the right to approach the court for their enforcement. They can file a writ petition in the High Court or the Supreme Court, depending on the nature and extent of the violation. The court has the power to issue appropriate directions, orders, or writs for the protection and enforcement of fundamental rights.
5. Can fundamental rights be suspended during emergencies?
Ans. Yes, during a state of emergency, fundamental rights can be suspended or curtailed to a certain extent. The constitution provides for the suspension of some fundamental rights during emergencies such as national emergencies, armed rebellions, or internal disturbances. However, the suspension of fundamental rights should be proportionate and within the limits prescribed by the constitution.
132 videos|662 docs|304 tests
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