Constitution of India, 1949
13. Laws inconsistent with or in derogation of
the fundamental rights.-
(1) All laws in force in the territory of
India immediately before the commencement of this Constitution, in so far as
they are inconsistent with the provisions of this Part, shall, to the extent of
such inconsistency, be void.
(2) The State shall not make any law which takes
away or abridges the rights conferred by this Part and any law made in
contravention of this clause shall, to the extent of the contravention, be
void.
(3) In this article, unless the context
otherwise requires.-
"law" includes any Ordinance, order,
bye-law, rule, regulation, notification, custom or usages having in the
territory of India the force of law;
"laws in force" includes laws passed
or made by Legislature or other competent authority in the territory of India
before the commencement of this Constitution and not previously repealed,
notwithstanding that any such law or any part thereof may not be then in
operation either at all or in particular areas.
(4) Nothing in this article shall apply to any
amendment of this Constitution made under Article 368.