Fundamental Rights: Article 12 and Article 13

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 LawThe 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 CaseKesavananda 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.
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