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The rule of the law is the basic feature of the Constitution under whi

June 1, 2025 by rawan239

The rule of the law is the basic feature of the Constitution under which specific Article and Clause of the Constitution of India provides that no law (future laws) can be enacted which runs contrary to the fundamental rights guaranteed under Part III of the Constitution of India ?

Article 13(1)

Article 13(2)

Article 13(3)

Article 13(4)

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UPSC Combined Section Officer – 2021-22

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Article 13(2) of the Constitution of India states that “The State shall not make any law which takes away or abridges the rights conferred by this Part [Part III – Fundamental Rights] and any law made in contravention of this clause shall, to the extent of the contravention, be void.” This clause specifically applies to laws made *after* the commencement of the Constitution (future laws) and mandates that they must be consistent with Fundamental Rights. It embodies the principle that legislative power is subject to Fundamental Rights, reinforcing the rule of law by making the Constitution the supreme law. Article 13(1) deals with pre-constitutional laws, Article 13(3) defines “law,” and Article 13(4) (added by 24th Amendment) relates to constitutional amendments, which is a different context.

Article 13(2) renders any law made after the commencement of the Constitution void to the extent it violates Fundamental Rights.

Article 13 is crucial as it provides for judicial review of legislation. If any law (both pre-constitutional under 13(1) and post-constitutional under 13(2)) is found to be inconsistent with Fundamental Rights, the judiciary can declare it void. This power makes the Fundamental Rights justiciable and upholds the supremacy of the Constitution. The concept of “rule of law” implies that the government’s actions, including legislation, must be within the bounds of the law, and Article 13 serves as a cornerstone in enforcing this principle by subjecting laws to the test of Fundamental Rights.

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