What is “Law” under Article 13

Article 13 of the Indian Constitution is a significant provision that deals with the concept of laws in force and the scope of the term “law.” It plays a crucial role in determining the applicability and validity of laws within the Indian legal system. Let’s explore the key elements of Article 13:

Definition of Law

Article 13 provides an inclusive definition of the term “law.” According to this article, the term “law” encompasses various legal instruments, including ordinances, orders, bylaws, rules, regulations, notifications, customs, and usages that hold the force of law within the territory of India. This broad definition ensures that all forms of legally binding provisions are covered under the scope of Article 13.

Laws in Force

Article 13 also addresses the concept of laws in force. It states that “laws in force” include laws enacted or made by the legislature or other competent authorities within the territory of India before the commencement of the Indian Constitution. 

These laws continue to hold legal validity unless they have been repealed explicitly. Even if specific laws or parts thereof are not currently in operation, they are still considered in force unless they have been repealed or rendered invalid by subsequent legislative action.

Protection of Fundamental Rights

One of the crucial aspects of Article 13 is its role in protecting fundamental rights. It states that any law that contradicts or infringes upon the fundamental rights guaranteed by the Constitution shall be deemed void to the extent of such contravention. 

This provision ensures that any law that violates fundamental rights cannot be enforced or given legal effect, regardless of its source or form.

Judicial Review

Article 13 provides the power of judicial review to the courts. It empowers the judiciary to examine the constitutionality of laws and strike down those inconsistent with the fundamental rights guaranteed by the Constitution. Through this provision, the courts play a vital role in upholding the supremacy of the Constitution and protecting individual rights and liberties.

Summary

Article 13 of the Indian Constitution is a significant provision that defines the scope of the term “law” and outlines the concept of laws in force. It also ensures the protection of fundamental rights by declaring that any law contravening fundamental rights shall be void to the extent of such infringement. 

This article empowers the judiciary to review and strike down laws inconsistent with fundamental rights, thus upholding constitutional values and ensuring the supremacy of the Constitution in the Indian legal system.

Note: Access complete CLAT Legal Reasoning notes here.


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Aishwarya Agrawal
Aishwarya Agrawal

Aishwarya is a gold medalist from Hidayatullah National Law University (2015-2020) and has over 9 years of experience in law. She has been mentoring law aspirants to help them secure admission to their dream colleges and universities.

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