Article 13
Definition
Declares that laws inconsistent with or in derogation of fundamental rights are void to the extent of inconsistency; the textual basis for judicial review of statutes and executive action.
- Instrument
- Constitution of India
- Part
- Part III (Fundamental Rights)
- Effect
- Voids laws inconsistent with fundamental rights
- Function
- Textual basis for judicial review
Common questions
Why does Article 13 matter for forensic evidence law specifically?+
Any statute or executive rule authorising an investigative technique, such as compelled sampling or surveillance, can be struck down under Article 13 if a court finds it inconsistent with a fundamental right, which is the mechanism courts used to constrain narco-analysis and similar procedures.
Does Article 13 apply only to laws passed after the Constitution came into force?+
No. It applies to pre-constitutional laws still in force as well as laws made afterward, voiding either to the extent of the inconsistency rather than striking down the entire statute.
Related terms
- Article 14 (Equality Before Law)
- Guarantees equality before the law and equal protection of the laws to all persons within Indian territory; bans arbitrary State action.
- Article 15
- Prohibits discrimination on grounds of religion, race, caste, sex or place of birth.
- Article 16
- Equality of opportunity in matters of public employment.
- Article 17
- Abolishes untouchability; enforced through the Protection of Civil Rights Act 1955 and the SC and ST (Prevention of Atrocities) Act 1989.
- Article 19
- Six freedoms for citizens: speech and expression, peaceful assembly, association, movement, residence, and profession or trade, subject to reasonable restrictions.
- Article 20(3) (Self-Incrimination)
- No person accused of an offence shall be compelled to be a witness against himself; the textual basis for the bar on...
- Article 21 (Life and Personal Liberty)
- No person shall be deprived of life or personal liberty except according to procedure established by law; expanded by Maneka Gandhi 1978...
- Article 22
- Protection against arrest and detention: grounds of arrest, right to counsel, production before a magistrate within 24 hours; preventive-detention safeguards in clauses...
- Due Process (Indian Gloss)
- Post-Maneka Gandhi reading of Article 21 that the procedure depriving liberty must be fair, just and reasonable, not merely a procedure prescribed...
- Fundamental Right
- A justiciable right guaranteed under Part III of the Constitution, enforceable by writ in the Supreme Court (Article 32) and the High...
- Judicial Review
- Power of the Supreme Court and High Courts to test legislation and executive action against the Constitution, drawn from Articles 13, 32,...