What is Article 13 of the Indian Constitution?
Article 13 of the Indian Constitution describes the means for judicial review. It enjoins a duty on the Indian State to respect and implement the fundamental right. And at the same time, it confers a power on the courts to declare a law or an act void if it infringes the fundamental rights.
What does Article 13 say?
13. Laws inconsistent with or in derogation of the fundamental rights. (1) 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.
What did Article 13 of the Constitution do?
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Does Article 13 include amendment?
An amendment is not a law within the meaning of Article 13(2). Further, The Court said that an amendment is a law under Article 13(2) of the Constitution of India and if it violates any fundamental right, it may be declared void.
Is Article 13 retrospective in nature?
Article 13 of the constitution do talks about the four principles relating to fundamental rights. Moreover article 13(1) is prospective in nature but not retrospective i.e the article will be in effect from the day when constitution came in effect ..
What is Amendment 13 simplified?
Passed by Congress on January 31, 1865, and ratified on December 6, 1865, the 13th amendment abolished slavery in the United States and provides that “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or …
Is Article 13 removed?
On 20 March 2019 74 MEPs asked for Article 13 to be deleted from the directive. In the end, 348 voted for and 274 voted against.
Do Article 13 personal laws come?
Personal laws are derived not from the Constitution but from the religious scriptures. The laws thus derived must be consistent with the Constitution least they became void under Article 13 if they violated fundamental rights. Right to equality is a fundamental right……..
Which doctrine is not related to Article 13?
The doctrine of Basic Structure Landmark cases: Shankari Prasad vs Union of India,[3] “It was challenged that Amendment that takes away the fundamental right of the citizens is not allowed by article 13.
Can Article 13 be challenged amendment?
Supreme Court held that the power to amend the Constitution, including Fundamental Rights is contained in Article 368. Further, The Court said that an amendment is a law under Article 13(2) of the Constitution of India and if it violates any fundamental right, it may be declared void.
Why was the thirteenth amendment necessary?
The 13th Amendment was necessary because the Emancipation Proclamation, issued by President Abraham Lincoln in January of 1863, did not end slavery entirely; those ensllaved in border states had not been freed. In addition to banning slavery, the amendment outlawed the practice of involuntary servitude and peonage.
Which article of the Indian Constitution provides?
Article 19 (1) guarantees 6 freedoms (speech and expression, assembly, association or unions, movements, residence, profession and occupation) for citizens with reasonable restrictions and Article 21 provides for Right to life and personal liberty of each and every person in India which includes Right to live with human dignity, right to livelihood, right to work, right to privacy, right against sexual harassment etc.
What are the principles of Indian Constitution?
Principles of Indian constitution are a set of values and morals which were kept in mind while writing different articles of the constitution.these basic principles are mentioned prominantly in the preamble of constitution.the basic principles are equality,fraternity,secularism,liberty and justice.u can read the preamble written below…
What are the fundamental rights of the Constitution?
The US is an example of this, and the Bill of Rights and Amendments to the Constitution, like the 14th Amendment, make some of the fundamental rights of citizens very clear. These basic rights include freedom of speech and press, the right to expedient trials, freedom of religion, and the right to assemble.
What is the Constitution of India?
The Constitution of India ( IAST: Bhāratīya Saṃvidhāna) is the supreme law of India. The document lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens.