Table Of Contents Introduction: On Thursday, Prime Minister Narendra Modi delivered the much-awaited address to the joint session of the US Congress. However, the event was not without controversy, as more than 70 members of Congress protested ahead of the address, raising concerns about democratic decline in India. Reflecting their concerns, a handful of members also decided to boycott the event. The development underlines the growing international scrutiny on India's democratic landscape and raises important questions about the state of democracy in the world's largest democratic nation. Growing Concerns About Democratic Backsliding: The concerns expressed by members of the US Congress revolve around the perceived democratic decline in India. While India has long been proud of its democratic traditions, critics argue that recent policies and actions have cast doubt on the government's commitment to democratic principles. Issues of fr
Introduction:
The Constitution of India,
adopted on January 26, 1950, serves as the supreme law of the land, guides the
governance of the country and protects the fundamental rights of its citizens.
Article 13 of the Indian Constitution is an important provision that ensures
the supremacy of the Constitution and empowers the judiciary to review and
strike down laws that violate fundamental rights. In this article, we will
learn about the intricacies of Article 13, its importance and its impact on
protecting the rights of individuals in India.
Understanding Article 13:
Article 13 of the Indian
Constitution is titled "Law inconsistent with or in derogation of the
fundamental rights." It symbolizes the principle of constitutional
supremacy, which places the Constitution above all other laws and acts as a
shield against arbitrary legislation.
Section 1:
Clause 1 of Article 13 states
that any law enacted by the Parliament of India or the State Legislatures which
violates or violates the fundamental rights guaranteed under Part III of the
Constitution shall, to the extent of such inconsistency, be void. This
provision ensures that no law can abridge or abridge the fundamental rights of
the citizens.
Section 2:
Clause 2 of Article 13
provides a comprehensive definition of "law" by including ordinances,
statutory orders, bye-laws, rules, regulations, notifications, customs and
usages which were in force at the time the Constitution came into force. It
prevents abuse of power by the executive to avoid constitutional scrutiny of
laws in effect before the adoption of the constitution.
Section 3:
Clause 3 of Article 13 is an important component which strengthens the principle of judicial review. It empowers the judiciary to declare void any law, whether existing or future, which violates fundamental rights. This provision ensures that the judiciary acts as the guardian of the Constitution and protects the rights of citizens from encroachment by the legislative and executive branches.
Section 4:
Clause 4 of Article 13 states
that the State includes not only the Government of India but also any authority
or person who has the power to make laws and rules. It ensures that no
institution, be it governmental or non-governmental body, can violate the
fundamental rights of individuals.
Significance of Article 13:
Article 13 plays an important
role in upholding the fundamental rights enshrined in Part III of the Indian
Constitution. Its importance can be understood from the following aspects:
1.
Protection
of Fundamental Rights:
Article 13 acts as a
safeguard against the infringement of fundamental rights by any law. It ensures
that the laws of the land conform to the principles set out in Part III of the
Constitution, which include rights such as freedom of speech and expression,
equality before law, protection against discrimination, and protection of life
and personal liberty.
2.
Judicial
review:
Article 13 empowers the
judiciary to review the constitutional validity of laws. It allows the courts
to strike down laws that are inconsistent with or in derogation of the
fundamental rights. This power ensures that the judiciary acts as a check on
the legislative and executive branches, prevents abuse of power, and ensures
the supremacy of the Constitution.
3.
Protection
of Constitutional Supremacy:
By establishing the
Constitution as the supreme law of the land, Article 13 ensures that no law can
override its provisions. It upholds democratic principles of governance,
protects the rights and freedoms of individuals, and promotes a just and fair
society.
4.
Protecting
citizens from arbitrary law:
Article 13 prevents the
government or any other authority from making laws that arbitrarily violate the
rights of citizens. It acts as a deterrent against the making of laws which may
infringe the fundamental rights and liberties of the individuals.
Conclusion:
Article 13 of the Indian Constitution embodies the principle of constitutional supremacy and ensures the protection of fundamental rights. It serves as an important tool for the judiciary to review and strike down laws inconsistent with the rights enshrined in Part III of the Constitution. This provision upholds the values of justice, liberty, equality and fraternity, which form the basis of India's democratic structure. By guaranteeing the rights of citizens and providing a mechanism for judicial review, Article 13 plays an important role in building a just and inclusive society in India.
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