THE NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

SUBJECT: CONSTITUTIONAL LAW- II

PROJECT TOPIC: A BRIEF ANALYSIS OF ARTICLE 13 OF

THE CONSTITUTION OF INDIA

SUBMITTED TO: SUBMITTED BY:

MS.KULDEEP KAUR Adhir lot 2018 BA.LLB-43

INTRODUCTION
Through this project work, I intend to understand and give an analysis on the Article 13 of the

Constitution of India. Article 13 talks about the unconstitutionality of statutes valid or in

derogation of the fundamental rights. Article 13(1) refers to pre-constitution laws while Article

13(2) refers to post- constitution laws. A law is void if inconsistent with a Fundamental right.

The study of this article is broadly classified under subheadings, which explains all the aspects

in relation to this article. An understanding of all the provisions which renders a law

unconstitutional and inconsistent with fundamental rights. Through this project work, I intend

to understand and give an analysis on the Article 13 of the constitution of India. The

subheadings and respective provisions of this Article are provided with relevant case laws for

the better understanding of this article.

 Nature of the Provisions enshrined- Prospective or Retrospective.

 Doctrine of Severability

 Waiver of Fundamental Right

 Doctrine of Eclipse

o Doctrine of Eclipse and Post-Constitutional Law

o Meaning of “state”, “Law” and “Law in Force”

OBJECTIVE
 To study what Article 13 is and analyse the same
 To study various doctrines behind Article 13

METHOD OF STUDY

Doctrinal Method is used throughout the project.

 STATEMENT OF PROBLEM
Article 13 is not just an article it holds the base of the fundamental rights in the constitution.
In this project we will study how Article 13 acts like a guardian of public from legislative’s
arbitrary action

Chapterization

ANALYSIS OF ARTICLE 13 OF CONSTITUTION OF INDIA

LAWS INCONSISTENT WITH FUNDAMENTAL RIGHTS (ARTICLE 13)

POWER OF JUDICIAL REVIEW

MEANING AND BASIS OF JUDICIAL REVIEW

Pre-Constitution Laws

Article 13 not retrospective in effect

Doctrine of Severability

Doctrine of Eclipse

Post-Constitutional Laws

Doctrine of Waiver

‘ Law’ and ‘ laws in force’

Literature review

Conclusion and suggestion

Bibliography