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Showing posts with the label doctrine of severability and eclipse

Doctrines under Art. 13 of the Indian Constitution

  Doctrines under Art. 13 of the Indian Constitution Art. 13(1) of the Indian constitution constitutes two doctrines so as to protect the existence of Fundamental Rights. Fundamental rights are the most precious gifts that our constitution offers to its citizens. They are above every other law(though with reasonable restrictions). To protect the existence and subsistence of these fundamental rights, two doctrines are originated under Art 13(1) of the Constitution. Art. 13(1) of the Constitution reads as : ‘ 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.’   Thus, art. 13 (1) talks about pre-constitutional laws. As per Art. 13 (1), all the laws before the enactment of the constitution (pre-constitution laws) that are not in consistence with the Fundamental Rights shall be adjudicated void. ...
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