Understanding Article 13
Article 13 of the Constitution of India establishes the supremacy of the Constitution and the rule of law. It is a measure that ensures the protection of fundamental rights enshrined in Part III of the Constitution. The article broadly contains four clauses:
Article 13(1): This clause declares that all laws in force in the territory of India before the commencement of the Constitution, insofar as they are inconsistent with the fundamental rights, are to be considered void to the extent of the inconsistency.
Article 13(2): It prohibits the state from making any law that takes away or abridges the fundamental rights, and any law made in contravention of this clause shall, to the extent of the contravention, be void.
Article 13(3): This provision explains the term “law” as used in Article 13. It includes any ordinance, order, by-law, rule, regulation, notification, and also any custom or usage having the force of law in the territory of India.
Article 13(4): This is a non-obstante clause which clarifies that nothing in this article applies to any amendment of the Constitution made under Article 368.
In essence, Article 13 ensures the supremacy of the Constitution, particularly the fundamental rights it guarantees. It serves as a protective measure to prevent the state from overstepping its boundaries and infringing on these rights.
Doctrine of Judicial Review
The Doctrine of Judicial Review is a fundamental aspect of many democratic legal systems, including that of India. Under this doctrine, the judiciary has the authority to review and invalidate governmental actions and laws that it finds to be inconsistent with the constitution.
The Doctrine of Judicial Review in India is primarily derived from Article 13 of the Constitution. Article 13 ensures the supremacy of the Constitution and empowers the courts to declare a law void if it is inconsistent with any of the fundamental rights guaranteed under Part III of the Constitution.
Under this doctrine, the Supreme Court and High Courts have the authority to:
(1) Review legislative actions: The courts can review any law enacted by the Parliament or a State Legislature to determine its constitutionality. If the law is found to be violative of any part of the Constitution, it can be declared as void.
(2) Review executive actions: The courts can also examine the actions of the executive branch of government. Any executive action that is found to violate a constitutional provision can be struck down.
The Doctrine of Judicial Review is crucial for upholding the rule of law, protecting fundamental rights, and maintaining the balance of power among different branches of government. It ensures that neither the legislature nor the executive can act arbitrarily or unconstitutionally.
Article 13 and Fundamental Rights
Article 13 plays a pivotal role in the protection and enforcement of fundamental rights in India. It acts as a shield to safeguard these rights from any legislative or executive actions that seek to infringe upon them.
(1) Protection of Fundamental Rights: As per Article 13, all laws that are inconsistent with or in derogation of any of the fundamental rights are declared void. This applies to both pre-constitutional laws (laws that were in force before the Constitution came into effect) and post-constitutional laws (laws made after the Constitution came into effect).
(2) Prohibition against State’s infringement of Fundamental Rights: Article 13(2) prohibits the State from making any law that takes away or abridges the fundamental rights. The term ‘State’ here is inclusive of not only the legislative and executive organs of the Central and State Governments but also local administrative authorities.
(3) Interpretation of the term ‘law’: Article 13(3) provides an inclusive definition of ‘law.’ It includes not just the statutory laws made by the legislature, but also ordinances, orders, bye-laws, rules, regulations, notifications, customs, or usages having the force of law in India.
(4) Judicial Review: Through Article 13, the judiciary is vested with the power of judicial review to ensure that neither the legislature nor the executive violates the fundamental rights. Any action taken in contravention of these rights will be declared null and void.