Article 13 and conformity to all laws with Fundamental Rights

All laws should conform to Fundamental Rights: Article 13

Article 13 makes all laws in force in the country immediately before the commencement of the constitution void so far they are inconsistent with the provisions of the part III. This means that if there was a law in action before the commencement of the constitution which in any ways did not conform to the fundamental rights, the law would stand void.

Then, the same Article makes clear that in future, the State shall not make any law which takes away the Fundamental Rights given by Part III. The law here does not only include the legislation but also an ordinance, order, bye-law, rule, regulation, notification. This means that Parliament can not make any law which takes away the fundamental rights of the individuals.

This also means that Article 13 provides for the judicial review of all legislations in India, past as well as future. All laws whether made by a legislature or by a delegated authority and all executive acts must respect and conform to the fundamental rights. The ordinances promulgated by the president under art.123 or by the governor under art. 213 must also not be inconsistent with the implement the fundamental rights. Art. 13 imposes an obligation on the state to respect and implement the fundamental rights and at the same time confers a power on the courts (Supreme and High courts via 32 and 226 respectively) to declare a law/act void if it infringes a fundamental right. Art.13, thus, provides teeth to the fundamental rights and makes them justiciable i.e. enforceable in the courts.