Correct option is D
The correct answer is (D) Article 13.
Explanation:
- Article 13 of the Indian Constitution explicitly declares that any law that is inconsistent with or violates the Fundamental Rights is void to the extent of the inconsistency.
- This article provides the framework for judicial review, allowing courts to declare laws that infringe upon Fundamental Rights as unconstitutional and invalid.
Information Booster:
- Fundamental Rights in the Indian Constitution are guaranteed under Part III (Articles 12 to 35).
- These rights are justiciable, meaning they can be enforced in a court of law.
- Article 32 allows individuals to approach the Supreme Court for the enforcement of Fundamental Rights.
- Article 21 guarantees the Right to Life and Personal Liberty, which has been interpreted to include various derivative rights, such as the right to privacy and the right to a clean environment.
- Article 14 ensures equality before the law and equal protection of the laws, prohibiting discrimination.
- Article 15 prohibits discrimination based on religion, race, caste, sex, or place of birth.
- Article 19 guarantees the freedom of speech, assembly, movement, and association.
Additional Information:
- Article 32: It is a remedy provision allowing individuals to directly approach the Supreme Court to enforce their Fundamental Rights. It also gives the Supreme Court the power to issue writs for the enforcement of these rights.
- Article 226: It allows individuals to move the High Courts for the enforcement of Fundamental Rights or for other legal remedies, providing another judicial avenue for protecting rights.
- Article 143: Deals with the Advisory Jurisdiction of the Supreme Court. It allows the President to seek the Court's advice on any question of law or fact, but does not concern the validity of laws or Fundamental Rights.
- Fundamental Rights vs. Directive Principles: While Fundamental Rights are justiciable and enforceable by courts, Directive Principles of State Policy (Part IV) are non-justiciable and serve as guidelines for the government to create policies.