Article 13
Also: laws inconsistent with Fundamental Rights, doctrine of eclipse, doctrine of severability
Background and evolution
Article 13 opens Part III and acts as its guardian. When the Constitution began, India inherited thousands of colonial and princely laws. Clause (1) made these "existing laws" void to the extent they conflicted with Fundamental Rights. Clause (2) went further for the future: the State "shall not make any law" that takes away or abridges these rights, and any law made in breach is void to that extent.
The article became the battleground in the conflict between Parliament and the courts over the amending power. In Golaknath (1967), the Supreme Court held that a constitutional amendment is "law" under Article 13, so Parliament could not amend Fundamental Rights to abridge them. Parliament responded with the 24th Amendment (1971), adding clause (4) to Article 13 and clause (3) to Article 368, stating that amendments are not "law" for this purpose. The courts later limited amendments through the basic structure doctrine instead.
Key features and provisions
- Wide definition of law: includes Acts, ordinances, orders, bye-laws, rules, regulations, notifications, and customs or usages having the force of law.
- Doctrine of severability: only the inconsistent part of a law is void; the rest survives if it can stand independently (for example, R. M. D. Chamarbaugwala, 1957).
- Doctrine of eclipse: a pre-Constitution law that violates a Fundamental Right is not dead but "eclipsed"; if the conflict is removed by a constitutional amendment, the law revives (Bhikaji Narain Dhakras, 1955). Post-Constitution laws violating rights are void from the start (Deep Chand, 1959), though the eclipse idea may apply to non-citizens for rights available only to citizens.
- No waiver: citizens cannot waive Fundamental Rights by agreement (Basheshar Nath, 1959).
- Clause (4): amendments under Article 368 are outside Article 13.
Why it matters for UPSC
Article 13 is a core Prelims topic (definition of law, doctrines, clause (4)) and underpins Mains answers on judicial review and the Parliament–judiciary relationship.
Connections across the syllabus
- Judicial review: the textual foundation.
- Article 368: the amending power and its limits.
- Personal laws: debate on whether uncodified personal laws are "law" under Article 13.
- Basic structure: the response to Golaknath.
- Delegated legislation: rules and notifications can be struck down.
Recent developments
The question whether personal laws count as "law" under Article 13 remains unsettled. In the triple talaq case (2017), some judges tested the practice against Fundamental Rights, while in the Sabarimala review (2019) a larger bench was asked to consider the scope of judicial review over religious practices.
Timeline
- 1951: Narasu Appa Mali (Bombay High Court) says personal laws are not "law" under Article 13.
- 1955: Bhikaji Narain Dhakras: doctrine of eclipse.
- 1957: severability applied in Chamarbaugwala.
- 1959: Basheshar Nath: no waiver of rights.
- 1967: Golaknath.
- 1971: 24th Amendment adds clause (4).
- 2017–18: personal law questions raised in triple talaq and Sabarimala cases.
Using this term in answers
Textual design: Article 13 shows the framers' clear intention to make Fundamental Rights supreme over ordinary law. Few constitutions have such an explicit clause.
Golaknath reasoning: the majority said Parliament's amending power came from its legislative power, so amendments were "law". This reasoning was later rejected, but the case shows how one clause can trigger a constitutional crisis.
Personal law debate: if personal laws were "law" under Article 13, courts could strike down discriminatory practices. The Narasu Appa Mali view has been criticised, and courts have increasingly examined practices under Articles 14, 15 and 21.
Ethics angle: supremacy of rights reflects the idea that certain freedoms are beyond the reach of temporary majorities.
Comparative angle: the US Constitution has no equivalent clause; judicial review was inferred in Marbury v. Madison. India made it explicit.
Reading down: instead of striking down, courts sometimes interpret a law narrowly so that it fits within constitutional limits, an approach linked to Article 13.
Prospective overruling: introduced in Golaknath, this technique applies a new interpretation only to future cases, avoiding chaos in past transactions.
Who is "the State"? Article 13 binds "the State" as defined in Article 12, which includes the Union and state governments, Parliament and state legislatures, and all local and other authorities under government control. Courts have extended this to public sector corporations and bodies with deep government control, using tests developed in cases such as Ajay Hasia (1981). This definition decides whose actions can be struck down under Article 13.
Exam tip: clauses (1) and (2) differ in timing; clause (3) defines terms; clause (4) excludes amendments.
Common misconceptions
- "Article 13 applies to amendments." Clause (4) excludes amendments, though the basic structure doctrine limits them.
- "A void law is erased from the statute book." It stays in the text but is unenforceable to the extent of inconsistency.
- "All unconstitutional laws are eclipsed." Eclipse applies mainly to pre-Constitution laws.
- "Citizens can give up their Fundamental Rights." They cannot waive them.
Prelims facts
- "Law" includes custom or usage with force of law.
- Doctrine of eclipse: Bhikaji Narain (1955).
- Clause (4): 24th Amendment (1971).
- Basheshar Nath (1959): no waiver.
Mains angle
Explain how Article 13 makes Fundamental Rights enforceable and how it shaped the basic structure debate. Discuss whether personal laws should be subject to Article 13, balancing religious freedom and equality.
PYQ trend
2 UPSC Prelims questions in our database (3976 questions, 2002–2026) mention this term.
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FAQs
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Last reviewed: 23 October 2026 · Original UPSCPrep.in content.