LAW INCONSISTENT WITH OR IN DEROGATION WITH FUNDAMENTAL RIGHTS.
In this article, we’ll see what is law inconsistent with Fundamental Rights or inconsistent law with fundamental rights.
We’ll first know what is fundamental rights
Fundamental rights are something that is granted to an Indian citizen and guaranteed from birth to that citizen of India. It is some basic freedom and rights which every citizen shall enjoy by every Indian citizen. Some basic fundamental rights are:
- Right to equal opportunity,
- Right to speech,
- Right to freedom,
- Right to freedom of religion,
- Right to personal life and liberty,
- Right to constitutional remedies,
- Right to education,
- Right to free legal aid etc.
These are some important Fundamental Rights given to every person from birth, if the fundamental rights of any citizen are being infringed he/she can put this matter before the court. These basic FRs can’t be violated in any way not even by the state or any court or the government. The government shall carefully frame any provisions of the act keeping in mind that no one’s fundamental rights get violated or else such a provision will be held void and removed.
The provision for removing inconsistent laws is given under Part 3 of Article 13 of the constitution.
Article 13 states laws inconsistent with Fundamental Rights.
Article 13(1) states that all laws in force of the territory of India immediately before the commencement of this constitution shall be void to the extent to which they are inconsistent with the provisions of Part 3 of the constitution.
Meaning that any law which is enforced before the enforcement or commencement of the constitution such a provision or such a part of the statute will be declared void to the extent to which it is inconsistent i.e, such a part will be held unconstitutional and therefore it won’t be applicable or be in use further.
Article 13(2) provides that the state shall not make any law that takes away or abridges the fundamental rights conferred by Part 3 of the constitutuion of india and any law made in contravention of fundamental right, shall to the extent of the contravention be VOID.
Meaning that any state should not manke any laws or enact any law which carries away any fundamental rights which have been mentioned in part 3 of the constitution. Further, it has added that if any law has been made in breaking any fundamental rights of the citizen then only the part which breaches FRs shall be declared void. Only the part of the provision shall be held void not the whole provision.
Why it would be held unconstitutional?
Because such a provision violates or infringes the fundamental rights of the citizen of India and there in the constitution, it has been made a provision that not even government can infringe citizens fundamental rights.
Article 13 of part 3 of the constitution, exclusively takes about those laws which are inconsistent and against the fundamental rights which are mentioned in part 3 of the constitution. Further Article 13 (1) takes about that before commencing the constitution of India there were laws and acts framed such laws shall be not violating the Fundamental rights of any individual, if such part in any provision shall find then those part shall be held void only the part which violates the FRs.
Article 13(2) takes about that no state shall make any laws which infringe FRs if any laws are made then such part later be held void and it shouldn’t be applicable.
As the state cannot repeal the whole provisions or acts for that reason the constitution direct to excludes only that part that goes against the fundamental rights.
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