Which among the following Articles declares that 'all laws that are inconsistent with or in derogation of any of the Fundamental Rights, shall be void'?

The correct answer is Article 13.

Key Points

• Article 13 of the Indian Constitution declares that all laws inconsistent with or in derogation of Fundamental Rights shall be void.
• It ensures the supremacy of Fundamental Rights by invalidating laws that contradict or encroach upon them.
• Under Article 13(1), pre-constitutional laws inconsistent with Fundamental Rights shall be void to the extent of such inconsistency.
• Article 13(2) prohibits the State from making any law that takes away or abridges the Fundamental Rights, and such laws shall be void if enacted.
• This article is a key part of judicial review, empowering courts to strike down unconstitutional laws.

Additional Information

• Judicial Review: A process under which the judiciary reviews the constitutionality of legislative acts and executive decisions. It derives its authority from Articles 13, 32, and 226 of the Indian Constitution.
• Fundamental Rights: Enshrined in Part III of the Indian Constitution, these rights guarantee civil liberties, ensuring individuals can live with dignity and equality.
• Doctrine of Severability: If a part of a law is inconsistent with Fundamental Rights, only the offending part is declared void, not the entire law.
• Doctrine of Eclipse: Pre-constitutional laws inconsistent with Fundamental Rights are not void ab initio; they are eclipsed and become unenforceable until the inconsistency is removed.
• Article 32: Known as the "Right to Constitutional Remedies," it provides individuals the right to approach the Supreme Court for enforcement of Fundamental Rights.