Article 13th of the Indian Constitution | Judicial Review | अनुच्छेद 13 - न्यायिक समीक्षा
Article 13th of the Indian Constitution : अनुच्छेद 13 - न्यायिक समीक्षा
The Indian Constitution does not have Article 13th. However, it does have Article 13, which is an important provision related to the protection of fundamental rights.
Article 13 of the Indian Constitution deals with the doctrine of "judicial review." It states that any law enacted by the Indian Parliament or by the State Legislatures that violates the fundamental rights guaranteed under Part III of the Constitution shall be declared null and void. Part III of the Constitution encompasses the fundamental rights of Indian citizens, such as the right to equality, freedom of speech and expression, right to life and personal liberty, etc.
Article 13(1) specifies that any law that contravenes the fundamental rights shall be void to the extent of the inconsistency. This means that if any provision of law infringes upon fundamental rights, only that particular provision will be deemed void and not the entire law.
Article 13(2) states that the State shall not make any law that takes away or abridges fundamental rights and that any law made in contravention of this provision shall be void.
Article 13(3) provides a wider scope of judicial review by including within its ambit "laws in force." It states that any law in force immediately before the commencement of the Constitution that contravenes the fundamental rights shall be void to the extent of the inconsistency. This provision allows for the review and invalidation of pre-constitutional laws that violate fundamental rights.
The objective of Article 13 is to ensure the supremacy of the Constitution and protect the fundamental rights of individuals from arbitrary infringement by the legislature. It establishes the power of the judiciary to review and strike down laws that violate fundamental rights, thereby safeguarding the rights and liberties of the people.
Judicial Review :
The concept of judicial review originated from the Supreme Court of the United States. Initially, the American Constitution did not explicitly provide for judicial review. However, in a landmark case in 1803, known as William Marbury versus James Madison, the Supreme Court established the legal principle of judicial review. This principle granted the Supreme Court the authority to restrict the power of Congress by declaring legislation unconstitutional.
According to this principle, if an act passed by Congress contradicts the Constitution, it is considered unlawful and lacks binding force. As a result, it becomes the responsibility of the judiciary to consistently uphold the Constitution.
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