Since its inception, India’s constitutional framework has been pivotal in shaping the legal landscape of the nation. Article 13 of the Indian Constitution delineates the provisions concerning laws that are inconsistent with or in derogation of the fundamental rights conferred by Part III of the Constitution. Let’s delve into the intricacies of this significant article and its implications.

Article 13(1) unequivocally stipulates that any existing law that contravenes the fundamental rights enshrined in Part III shall be deemed void to the extent of such inconsistency. This provision does not render existing laws incompatible with fundamental rights but rather nullifies them to the extent of their inconsistency. It underscores the supremacy of fundamental rights and ensures their protection from encroachment by legislative or executive actions.

Furthermore, Article 13(2) imposes a prohibition on the state from making any law that violates or abridges fundamental rights. Should a law infringe upon fundamental rights, it shall be deemed void to the extent of such contravention. This provision serves as a safeguard against arbitrary legislative actions and underscores the constitutional duty of the state to uphold fundamental rights.

The interpretation and enforcement of Article 13 have profound implications for the Indian legal system. It empowers the judiciary to review the constitutionality of legislative and executive actions and declare them void if found to be inconsistent with fundamental rights. This judicial review mechanism ensures the supremacy of the Constitution and acts as a check on governmental powers.

The concept of judicial review, although not explicitly mentioned in the original text of the Indian Constitution, has been adopted from the American legal system. The landmark case of Marbury v. Madison (1803) set the precedent for judicial review in the United States, empowering the Supreme Court to invalidate laws deemed unconstitutional.

Article 13(3) further expands the ambit of its provisions to include not only laws enacted by the legislature but also ordinances, orders, bye-laws, rules, regulations, notifications, customs, and practices having the force of law. This broad interpretation encompasses all forms of legal instruments that may infringe upon fundamental rights.