Article 12
- What is it?: It define the term state under Part III and state include
- Government and Parliament of India, that is, executive and legislative organs of the Union government.
- Government and legislature of states, that is, executive and legislative organs of state government.
- All local authorities, that is, municipalities, panchayats, district boards, improvement trusts, etc.
- All other authorities, that is, statutory or non-statutory authorities like LIC, ONGC, SAIL, etc
Article 13
- What is it?: Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void.
- Term Law: The term ‘law’ in Article 13 has been given a wide connotation so as to include the following:
- Permanent laws enacted by the Parliament or the state legislatures;
- Temporary laws like ordinances issued by the president or the state governors;
- Statutory instruments in the nature of delegated legislation (executive legislation) like order, bye-law, rule, regulation or notification;
- Non-legislative sources of law, that is, custom or usage having the force of law.
- Associated Case: Kesavananda Bharati case (1973)
- It states that a Constitutional amendment can be challenged on the ground that it violates a fundamental right that forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as void.