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Article 12 and 13 of The Constitution of India
Article 12 and 13 of The Constitution of India
c. of local or other authorities within the territory of India or under the control
of the Government of India.
Article 12 thus not only includes executive and the legislature at the Central
government level and at state government level, but also local/other authorities
like municipalities, co-operative society (if State is involved in their activities re
management or fund, etc.), Universities either getting affiliation or grant from the
state. Herein, these bodies (local/other) are not sovereign, but we can get our
Fundamental Rights enforced against these authorities.
Article 132 talks about the concept of law applicable in India and its validity in
accordance with Indian Constitution. It provides that a law should not infringe or
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12. Definition. - In this part, unless the context otherwise requires, the State includes the Government and
Parliament of India and the Government and the Legislature of each of the States and all local or other
authorities within the territory of India or under the control of the Government of India
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Article 13. Laws inconsistent with or in derogation of the fundamental rights
(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in
so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be
void
(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any
law made in contravention of this clause shall, to the extent of the contravention, be void
(3) In this article, unless the context otherwise requires law includes any Ordinance, order, bye law, rule,
regulation, notification, custom or usages having in the territory of India the force of law; laws in force
includes laws passed or made by Legislature or other competent authority in the territory of India before the
commencement of this Constitution and not previously repealed, notwithstanding that any such law or any
part thereof may not be then in operation either at all or in particular areas
(4) Nothing in this article shall apply to any amendment of this Constitution made under Article 368
clash with the notions of Part III of the Indian Constitution, i.e. Fundamental
Rights. Further, the Fundamental Rights should be broadly interpreted to test the
validity of laws, whenever there is a dispute regarding the same in the court of
law (M/S Delhi Airtech Pvt. Ltd v State of UP and Another decided on 18.08.2011
by Supreme Court of India). The types of laws covered under Article 13 are as
follows:
Force of Law:
[as decided in Jayantilal Amrit Lal Shodhan v F.N. Rana And Others on 5
November, 1963, Citations: 1964 AIR 648: 1964 SCR (5) 294]
Ordinance means:
Order:
A decision or direction of a court or judge (entered on the court record but
not included in the final judgment)
An authoritative indication to be obeyed; a command or direction.
By-law means:
Rule means:
Regulation means:
Notification means:
Custom means:
Usage means:
Note: It is detailed paper and you do not need to write in this great detail. It is for
your understanding. While defining law you do not need to refer to Article 12.
Write the answers in your own words and you can come to faculty tomorrow or
day after in first half preferably during 9.30 am - 1 pm.
For your information: Minerva Mills case talks about the relation between
Fundamental Rights and DPSPs.
Maneka Gandhi’s case talks about mutual inclusiveness between Articles 14 and
19.