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Consider the following statements regarding the derogation of the fundamental rights:
1. All pre-existing laws in India that contradict the provisions of fundamental rights are rendered void to the extent of their inconsistency.
2. The State shall not make any law which takes away or abridges the rights conferred by constitution and any law made in contravention of this provision shall, to the extent of the contravention, be void.
Which of the above statements is/are correct?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements regarding the derogation of the fund...
Both Statements are correct:
PART III of the constitution
  • 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.
  • As per Article 13 of India Constitution, 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.
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Community Answer
Consider the following statements regarding the derogation of the fund...
Explanation:

Statement 1:
- According to Article 13 of the Indian Constitution, all laws in force in India before the commencement of the Constitution are void to the extent of their inconsistency with the fundamental rights.
- This means that any law that contradicts the provisions of fundamental rights is rendered void to the extent of the inconsistency.
- Therefore, statement 1 is correct.

Statement 2:
- Article 13(2) of the Indian Constitution states that the State shall not make any law which takes away or abridges the rights conferred by the Constitution.
- Any law made in contravention of this provision shall be void to the extent of the contravention.
- This ensures that the State cannot enact laws that violate fundamental rights guaranteed by the Constitution.
- Therefore, statement 2 is also correct.
Therefore, both statements 1 and 2 are correct as they accurately reflect the provisions of the Indian Constitution regarding the derogation of fundamental rights.
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Consider the following statements regarding the derogation of the fundamental rights:1. All pre-existing laws in India that contradict the provisions of fundamental rights are rendered void to the extent of their inconsistency.2. The State shall not make any law which takes away or abridges the rights conferred by constitution and any law made in contravention of this provision shall, to the extent of the contravention, be void.Which of the above statements is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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