Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamen...........

Indian Polity Articles and Schedules

Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void. Which among the following laws can be challenged in courts as violating FR?

1. Ordinances issued by the president or the state governors.

2. Delegated legislations.

3. Constitutional amendments.

Choose the correct codes.

1&2 only

2&3 only

1&3 only

All the above

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Explanation:

The term ‘law’ in Article 13 has been given a wide connotation so as to include the following:
(a) Permanent laws enacted by the Parliament or the state legislatures;
(b) Temporary laws like ordinances issued by the president or the state governors;
(c) Statutory instruments in the nature of delegated legislation (executive legislation) like order, bye-law, rule, regulation or notification; and
(d) Non-legislative sources of law, that is, custom or usage having the force of law.
Further, Article 13 declares that a constitutional amendment is not a law and hence cannot be challenged. However, the Supreme Court held in the Kesavananda Bharati case2 (1973) that a Constitutional amendment can be challenged on the ground that it violates a fundamental right that forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as void.