Indian Polity • ConstitutionHard
Examine the scope of Article 13 of the Indian Constitution concerning judicial review of legislative enactments: 1. All laws in force in the territory of India immediately before the commencement of the Constitution shall be void to the extent of inconsistency with Part III. 2. The State shall not make any law which takes away or abridges the rights conferred by Part III. 3. Constitutional amendment acts passed under Article 368 are completely immune from judicial review under Article 13. Which of the statements given above are correct?
A. 1 and 2 only✓ Correct Answer
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
💡 Solution & Explanation
Statements 1 and 2 are correct because Article 13 explicitly invalidates pre-constitutional and post-constitutional laws that violate Fundamental Rights. Statement 3 is incorrect because the Supreme Court in the landmark Kesavananda Bharati case ruled that constitutional amendments can be challenged under Article 13 if they violate the basic structure of the Constitution. Article 13 forms the bedrock of judicial review in India, ensuring that legislative supremacy remains subordinate to constitutionalism.
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