Article 13 has been given the most importance in the Indian Constitution, on which the morality of the Constitution rests, under which the relationship between the ruler and the citizen has been decided. Article 13 is an article to filter out the right and wrong of the law made by the Parliament and the states, the law has to see the inconsistency of the fundamental rights on the principles of morality and is a means to declare them invalid.
The constitution has given the most powers to the elected representatives, but it is said that “power corrupts and uncontrolled power corrupts uncontrollably” Have given. So here we will see what is the importance of Article 13 in the Constitution and what is its history.
In our constitution, we have also protected the fundamental rights of the people for making laws in the Parliament and have also given the right under Article 368 to amend the constitution, we will analyze it in common language. This article has been written for the understanding of educational and general people, whose language we will try to keep simple so that everyone can understand.
Fundamental Rights –
- Right to Equality – (Article 14-18)
- Right to Freedom – (Article 19 – 22)
- Right Against Exploitation – (Article 23 – 24)
- Right to Freedom of Religion – (Articles 25 – 28)
- Cultural and Educational Rights – (Articles 29 – 30)
- Right to damages – (Article 32 – 35 )
Object of Article 13 –
The framer of the constitution had said after the implementation of the constitution that “from today we are stepping into the life of contradiction”.
Dr. Ambedkar wanted that the evils and inequalities of the society should be removed, but he was a part of the society and was a very strong part, so bring it into reality was going to be a very difficult task. Through this article, the old customs and laws made in British India which would be inconsistent with the constitution were declared void and in future laws contrary to this cannot be made by the Parliament and the Assembly of the States.
What is Article 13 ? –
After the implementation of the constitution, all the laws and customs that were going on in the society before that which violated the fundamental rights of the constitution were declared void, the citizens were protected from the fundamental rights.
In future, the laws made by Parliament and the states should not be inconsistent with this article and fundamental rights should be protected. On the one hand, the Constitution kept a check on making laws and on the other hand it also gave the right to amend the Constitution under Article 368.
What is Law?
- For the correct interpretation of article 13, what is meant by law is given in article 13(3) in which
laws made in parliament
- state laws
- rules and regulations
- customs and traditions
It comes in this interpretation of what all the laws mean, which will be applicable to all such places which come within the Sovereign Territory of India.
Article 368 Amendments to the Constitution –
The Constitution, through Article 13, does not accept any law which is in conflict with the fundamental rights given in the Constitution, but according to Article 368, Parliament also gives the right to amend the Constitution. Due to which a lot of confusion was created, but the Supreme Court made it absolutely clear in the Kesavananda Bharati case that the government cannot change the basic structure of the Constitution.
What will be the basic framework will be explained by the Supreme Court over time. In the Indira Gandhi government in 1978, by amending the constitution, the right to property was canceled, which argued that there should be no centralization of property, so this amendment was made. Due to which the right to amend the Parliament in Article 13 and Article 368 was given legal form.
Fundamental Rights and Directive Principles of State Policy –
When the constitution came into force in 1950, at that time there was a very opposite situation from the constitution in the country and the constitution had provided legal protection to the fundamental right, but what would be the responsibility of the government to the society, it was not legally secured for the society.
Till Article 36-51, guidelines were given for the state, under which the inequality in the society, whether it is social or economic, what has to be done for it, so these provisions were made. This created a lot of difficulty for many governments since the 1950s to implement these principles because individual rights were creating barriers to it.
In 1978, the government wanted to abolish zamindari and so that the land should be distributed properly in the society, this government did the right to acquire land by amending the constitution. The Supreme Court said in this that the government cannot change the basic structure of the constitution. This upheld the constitutional amendment of Parliament, but the basic structure would be decided by the court, it said.
Judicial Review –
Judicial review started with the American judicial system, which we accepted in the Constitution of India and under Article 32, any citizen of the country can demand his fundamental right in the court, if it is violated. According to Article 226, any citizen of the country can go to the High Court of the states for his fundamental rights.
The Supreme Court, taking cognizance of itself, protects the fundamental rights and if any law in Parliament or of the states is found to be inconsistent with the fundamental rights under Article 13, then it can be declared void. If some part of a law violates Article 13, then only that part is removed and that law continues.
Keshavanand Bharati Case –
Fundamental rights and guiding elements After the implementation of the constitution, after the creation of many discrepancies, many problems were created due to which the rights of the individual are important or the policy made for the society is important, so Kesavananda Bharti’s case What will be the basic structure of the constitution and As far as the right to amend the constitution, it was very important for the next cases to come through this case.
In 1970, the Government of Kerala enacted land reform laws, under which Kesavananda Bharati, who was the abbot and had a lot of monastic land, which was acquired by the government in the law of land acquisition, in which Nanabhai Palkhivala, who was a well-known lawyer of the country, did religious work under Article 26. Right to property stated in the petition.
The 13-judge Bench reviewed the Golaknath case and fixed the limits of the Parliament considering the right to amend the Constitution and what would be the basic structure, it would be decided by the court and said that the acquisition of land was considered judicial, which is in the individual interest and the society’s interest in it. Interest should get priority, it said.
Principles of Laws –
No law is absolute, it has limitations in some circumstances where fundamental rights are limited, in which exceptions have been given by the constitution, in which
Fundamental rights are limited in emergency / emergency
- emergency by central government
- state of emergency
- financial emergency
In the matter of the security of the country, the fundamental rights are considered to be secondary if the crime is very clear, under which many times it has to be followed according to the situation.
Fundamental Rights and its Reviews –
As we have seen, according to Article 13, fundamental rights have been protected, but the issue of delay in giving justice and under trial accused is a very serious matter in India, which is a violation of fundamental rights, but for this, social organizations and legal experts have to take this responsibility should be taken so that this problem can be reduced.
From the point of view of humanity, it is very painful when an accused is acquitted after being in jail for five years – ten years. Therefore, the intellectuals of the society have to see this and the system of the country should also decide its responsibility.
The government cannot afford to recruit in the judiciary, this cannot be the answer because those we represent are choosing us with great confidence. Under trial accused it has been seen that there are more people from the economically weaker sections who cannot pay the bail amount.
Guiding Elements and Article 13 –
Fundamental Rights and Guiding Principle Many problems have been created in these from the beginning. Fundamental Right, it sees the same for all the citizens of the society, the same guiding element, it tells the policies for the educational, economic and social equality of the society. Due to which there is a conflict between them, which we see through the cases in the court.
The purpose of taking the guiding element in the constitution is to establish equality in the society, for this, the government has been given a guideline to make policies, which is not legally bound, so that it can be seen whose effect is on the constitution? Which we have to change and everyone should get the benefit of democracy.
In this way we have seen how important Article 13 is in keeping the Constitution of India and its basic structure bound. This article protects the fundamental rights given by the constitution. This article acts as a filter for Parliament to make laws.
Reading Article 13 with any law of India, there is a conflict of two principals in which “Due process of law” and “Procedure established by law” which needs to be studied deeply and in view of the interest of the society that system Have to follow time to time.
Under this article, the judiciary has been given the responsibility to protect the basic purpose of the constitution. We will try to write on different parts of the constitution in future, so that awareness should be created about our rights in the society.