Indian Constitution: Article 13(3) of the Indian Constitution holds significant importance in the legal framework of the nation. It delineates the scope and applicability of laws within the territory of India. Let’s delve into a detailed analysis of this constitutional provision.

(क) Defining “Law” within the Jurisdiction of India

The provision encompasses various legal instruments falling under the ambit of “law” within the territorial boundaries of India. These include ordinances, orders, regulations, rules, notifications, customs, or usages having the force of law. Essentially, any directive or regulation possessing legal authority falls under this category.

(ख) Pre-existing Laws under “Enacted Law”

Under the clause pertaining to “enacted law,” it encapsulates legislations passed or promulgated by legislative bodies or competent authorities within India before the commencement of the Constitution. Such laws, unless expressly repealed, continue to remain operative post the Constitution’s enactment. This encompasses laws or their components that remain in force either wholly or in specific territories.

Interpretation and Implications

Article 13(3) serves as a safeguard against arbitrary laws or actions contrary to fundamental rights enshrined in the Constitution. Any law or action inconsistent with these fundamental rights shall be declared void to the extent of such inconsistency. This provision ensures the supremacy of the Constitution and upholds the principles of justice, equality, and liberty.