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Article 13 in the Constitution of India
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.
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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas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 Right of Equality
Nemo Judex in causa sua? or the principle that No one can be a judge in his own case, relates to which of the following rule of the Natural Justice?
Bias rule
Reasoned decision rule
Hearing rule
All of the above.
- Article 13 of the Indian Constitution:
- Consists of laws that are inconsistent with fundamental rights being declared void.
- Prohibits the State from making laws that abridge fundamental rights.
- Defines "law" to include ordinances, orders, and similar instruments.
- Excludes constitutional amendments under Article 368 from its purview.
- Nemo Judex in causa sua:
- This is a legal principle meaning "no one should be a judge in their own case."
- Options Explained:
- Option 1: Bias rule:
- This rule is about ensuring decisions are made impartially.
- Prevents conflict of interest where someone may be biased.
- Correct Answer: Bias rule
- Option 2: Reasoned decision rule:
- Ensures decisions are based on logical reasoning and evidence.
- Option 3: Hearing rule:
- Ensures both parties have an opportunity to present their case.
- Option 4: All of the above:
- This would imply the principle includes all options, which it does not.
By: Parvesh Mehta ProfileResourcesReport error
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