Article 13 and Pro Tanto Supremacy of the constitution of India
Adithya Anil Variath
Article 13 is one of the most fasciculus articles which are comprised in the Part III of the Constitution headed “Fundamental Rights”. Doubtless with the adoption of a written constitution and incorporation of fundamental rights therein, the validity of all laws have to be tested on the touchstone of the Constitution, the framers of the Constitution, nevertheless, unlike the American Constitution, did not wish to leave it to the judiciary to assume for itself that power. Accordingly, the justiciability of the fundamental rights has been explicitly provided in the provisions of Article 13 of the Constitution. “The Inclusion of Articles 13(1) and 13(2) in the Constitution”, according to Kania, CJ., appears to be a matter of abundant caution. Even in their absence, if any of the fundamental rights was infringed by any legislative enactment, the court has always the power to declare the enactment to the extend it transgresses the limit, invalid. Article 13 deals with both the post-constitutional and pre-constitutional laws and further defines one of the most important concepts in Constitutional Jurisprudence, “Law” and “Laws in force”. The significance of Article 13 lies in the fact that the doctrine of judicial review inheres in this article and there can be no doubt as to the indispensability of the very control of the constitutionality of laws.