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30 THE CONSTITUTION OF INDIA ART. 13(4)
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,—
(a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the Territory of India the force of law;
(b) “laws in force” includes laws passed or made by a 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or other Competent Authority in the Territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
1[(4) Nothing in this Article shall apply to any amendment of this Constitution made under Article 368.]
1.
COMMENTS
Pre-constitutional law can continue provided, it is not inconsistent with Part III of the Constitution. (M/s. Delhi Airtech Services Private Limited v State of U.P., AIR 2012 SC 573 : (2011)9 SCC 354 : 2011(8) SCJ 152).
Article 13 renders the law which is pre-constitutional to be void only to the extent of inconsistency with the Constitution. The High Court and the Supreme Court are empowered to declare any such pre-constitutional law void. (Suresh Kumar Koushal and Another v NAZ Foundation and Others, 2014(3) Kar. L.J. 10 (SC) : AIR 2014 SC 563 : (2014)1 SCC 1).
Law must possess a certain form; contain a clear mandate/explicit command which may be prescriptive, permissive or penal and the law must also seek to achieve a clearly identifiable purpose. (Gulf Goans Hotels Company Limited v Union of India, AIR 2015 SC 2032 : (2014)10 SCC 673).
Regulations made under a statute have force of law, breach of Regulation(s) is illegal. (PEPSU Road Transport Corporation, Patiala v Mangal Singh, AIR 2011 SC 1974 : (2011)11 SCC 702).
Provisions of a Manual are not “law” within the meaning of Article 13. (A. Umarani v Registrar, Co-operative Societies, AIR 2004 SC 4504 : (2004)7 SCC 112).
The power of judicial review over legislations is plenary. (Suresh Kumar Koushal and Another v NAZ Foundation and Others, 2014(3) Kar. L.J. 10 (SC) : AIR 2014 SC 563 : (2014)1 SCC 1).
Inserted by the Constitution (Twenty-fourth Amendment) Act, 1971, w.e.f. 5-11-1971.
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