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​Which Article of the Indian Constitution mentions that the laws inconsistent with or in derogation of the fundamental rights will be void?​
Question

​Which Article of the Indian Constitution mentions that the laws inconsistent with or in derogation of the fundamental rights will be void?​

A.

​Article 15​

B.

​Article 13​

C.

​Article 14 ​

D.

Article 16

Correct option is B

The correct answer is (B) Article 13 of the Indian Constitution states that laws that are inconsistent with or in derogation of fundamental rights are void: 

Article 13(1): Laws in force before the Constitution that are inconsistent with the fundamental rights are void to the extent of the inconsistency.

Article 13(2): Laws made after the Constitution that are inconsistent with the fundamental rights are void to the extent of the infringement.

Article 13 also includes the following definitions: 

  • "Law" includes any ordinance, order, bye-law, rule, regulation, notification, custom, or usage that has the force of law in India.
  • "Laws in force" includes laws passed or made by a legislature or other competent authority before the Constitution that have not been repealed.

Article 13 also includes the doctrine of judicial review. Another important concept under Article 13 is the doctrine of eclipse, which states that laws that are void due to inconsistency with fundamental rights are not permanently dead. They can become operative again if the constitutional inconsistency is removed.

Incorrect options explanation:

  • Article 15 of the Constitution of India prohibits discrimination based on religion, race, caste, gender, or place of birth. It is part of the first of the six Fundamental Rights, the "Right to Equality".
  • Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the law for all people within the country. It states that no one should be treated differently from another under the law, and that all people are subject to the same laws.
  • Article 16 of the Indian Constitution guarantees equal opportunity in public employment for all citizens of India: 

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