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Article 13 of CoI : Article 13: Laws inconsistent with or in derogation of the fundamental rights.

Constitution of India

ARTICLES

PART III: FUNDAMENTAL RIGHTS

General

Article 13: Laws inconsistent with or in derogation of the fundamental rights.

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Explanation using examples

Example 1:

Scenario: A state government in India had a law in place before the Constitution of India came into effect, which allowed for arbitrary arrest and detention without trial.

Application of Article 13:

  • Clause (1): Since this pre-existing law is inconsistent with the fundamental rights provided in Part III of the Constitution, specifically the right to life and personal liberty under Article 21, it is rendered void to the ext
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