The doctrine under article 13 only applies to ........

Legal Reasoning Others

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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas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

The doctrine under article 13 only applies to:

Pre-constitutional laws those were valid at their inception.

To post constitutional law

To post constitutional law but only in respect of non-citizen

None of the above

Explanation:

The doctrine is not applicable to post-constitutional laws since they are invalid from the very inception because of being inconsistent with Part III; the same was held by the Supreme Court in Deep Chand v. State of Uttar Pradesh. However, non-citizens can’t take any advantage of the rule as the violation doesn’t impact them.