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Article 13 and definition of law (in Hindi)
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Let's discuss article 13

Rahul Agrawal is teaching live on Unacademy Plus

Rahul Agrawal
The Ultimate Doubt Destroyer on Unacademy. One of the Top Educator on the Unacademy platform. Famous for Doubt destroyer series.

Unacademy user
sir Maine climatology ke book me ye padha tha isliye
lekin article 13 doesn't define CAA
where are the next slides after article 15
what if the FR's of an individual are violated by a private body/organisation (which is not a part of the state), will they still remain justiciable in SC????
Rahul Agrawal
7 months ago
That depends whether that particular right is available against private Bodies or not. Certain rights are only available against state action.
Why equality before law is a negative right ?
Rahul Agrawal
6 months ago
Because it places restrictions before the state
but why equal protection of law is not a negative right ? as it also restricts the state in some manner.
awesome .. awesome..awesome..👌👌👌👌👌

  2. Many more to come... Whoa! That's great, aren't you excited?

  3. ARTICLE 13 Expressively provides for judicial review Laws inconsistent with fundamental rights. All laws that are inconsistent with or in derogation of any fundamental rights shall be void. SC (32), HC (226) can declare a law unconstitutional/invalid on the above ground. R. AGRAWAL

  4. In article 13 the term law means I. Permanent laws State assembly Parliament II. Temporary laws Ordinances Ill. Statutory instruments Bye laws Rule Regulation Notification R. AGRAWAL

  5. Article 13 declares- A B Constitutional amendment is not a law and cannot be challenged. R. AGRAWAL

  6. In keshavananda bharti case (1973), supreme court said that constitutional amendment can be challenged on the ground that it violates basic structure of the constitution R. AGRAWAL

  7. The Article 13 not only asserts the supremacy of the Indian Constitution but also makes way for judicial review. This legislation creates scope for reviewing pre-constitutional and existing laws. Although the legitimacy of judicial interventions in Constitutional matters has sparked debates, yet in most cases, the power of judicial review is evoked to protect and enforce the fundamental rights guaranteed in Part IIl of the Constitution. R. AGRAWAL

  8. Amendments to Article 13 The 24th amendment to the Indian Constitution was enacted by the then Indira Gandhi government in Novembe r 1971. The objective was to nullify the Supreme Court's ruling that had left the Parliament with no power to curtail the Fundamental Rights. Clause (4) was inserted in Article 13, which states: "Nothing in this article shall apply to any amendment of this Constitution made under article 368." This provision added more power to the Parliament when it comes to amending the Constitution. It brought Fundamental Rights within the purview of amendment procedure and judicial intervention or review of those amendments was prohibited. R. AGRAWAL

  9. From the Constitution 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 clause shall, to the extent of the contravention, be void. R. AGRAWAL

  10. From the Constitution 3) In this article, unless the context otherwise requires (a) "law" includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law; (b) "laws in force" includes laws passed or made by a 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.] R. AGRAWAL