Constitution time machine
2026
Modern
Constitutional state · 2026
Constitution of India
Part III — Fundamental Rights
Article13

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,— (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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. (4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.

In plain language

If a law clashes with a fundamental right, that part of the law is void. Later, a clause was added so this article is not used as a simple veto on constitutional amendments.

This wording has been in force since 1950 on this desk.

UPSC relevance
High
Most cited right
Exam signal
Often asked
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2
Articles + cases
Part IIIFundamental RightsJudicial ReviewUPSC