What are the Definitions of Fundamental Rights? What are Laws inconsistent with or in derogation of the fundamental rights? Article 12 and 13 of Constitution of India, 1949
Fundamental Rights Definition and Laws inconsistent with or in derogation of the fundamental rights are defined under Article 12 and 13 of Constitution of India 1949. Provisions under these Articles are:
Article 12 of Constitution of India "Fundamental Rights - Definition"
In this part, unless the context otherwise requires, "the State" includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
Article 13 of Constitution of India "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.
(2) The State shall not make any law which takes away or
abridges the rights conferred by this Part and any law made
in contravention of this clause shall, to the extent of the
contravention, be void.
(3) In this Article, unless the context otherwise requires.-
"law" includes any Ordinance, order, bye-law, rule,
regulation, notification, custom or usages having in the
territory of India the force of law;
"laws in force" includes laws passed or made by Legislature
or other competent authority in the territory of India
before the commencement of this Constitution and not
previously repealed, notwithstanding that any such law or
any part thereof may not be then in operation either at all
or in particular areas.
(4) Nothing in this Article shall apply to any amendment of
this Constitution made under Article 368