Which among the following Articles declares that 'all laws that are inconsistent with or in derogation of any of the Fundamental Rights, shall be void'?
- AOption (a)
Article 32
- BOption (b)
Article 19
- COption (c)
Article 13
- DOption (d)
Article 17
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Correct answer
Article 13
Why this answer is correct
The correct answer is Article 13.
Key Points
- Article 13 of the Indian Constitution declares that all laws inconsistent with or in derogation of Fundamental Rights shall be void.
- It ensures the supremacy of Fundamental Rights by invalidating laws that contradict or encroach upon them.
- Under Article 13(1), pre-constitutional laws inconsistent with Fundamental Rights shall be void to the extent of such inconsistency.
- Article 13(2) prohibits the State from making any law that takes away or abridges the Fundamental Rights, and such laws shall be void if enacted.
- This article is a key part of judicial review, empowering courts to strike down unconstitutional laws.
Additional Information
- Judicial Review: A process under which the judiciary reviews the constitutionality of legislative acts and executive decisions. It derives its authority from Articles 13, 32, and 226 of the Indian Constitution.
- Fundamental Rights: Enshrined in Part III of the Indian Constitution, these rights guarantee civil liberties, ensuring individuals can live with dignity and equality.
- Doctrine of Severability: If a part of a law is inconsistent with Fundamental Rights, only the offending part is declared void, not the entire law.
- Doctrine of Eclipse: Pre-constitutional laws inconsistent with Fundamental Rights are not void ab initio; they are eclipsed and become unenforceable until the inconsistency is removed.
- Article 32: Known as the "Right to Constitutional Remedies," it provides individuals the right to approach the Supreme Court for enforcement of Fundamental Rights.













