Articles 12 and 13 of the Indian Constitution

Articles 12 and 13 of the Indian Constitution lay the foundation for fundamental rights by defining the term State and ensuring that no law violates these rights.

 Article 12 explains what institutions are included under the term “State,” while Article 13 declares that any law inconsistent with fundamental rights is void. Together, these articles safeguard citizens’ rights and uphold the spirit of constitutional governance.

Articles 12 and 13 of the Indian Constitution Overview

Articles 12 and 13 of the Indian Constitution form the base for protecting Fundamental Rights. They define who is bound by these rights and ensure that no law can violate them.

Article 12 Defining 'The State'

Article 12 of the Constitution defines the term The State for the purpose of the Fundamental Rights chapter (Part III of the Constitution). The Fundamental Rights act as checks on the power of the State, so it's crucial to know what bodies are considered the 'State'.

Components of 'The State'

The term 'The State' under Article 12 includes the following bodies:

• Government and Parliament of India - This covers the Union (Central) Executive (President, Cabinet) and the Union Legislature (Lok Sabha, Rajya Sabha).

• Government and Legislature of each State

• This covers the State Executive (Governor, State Cabinet) and the State Legislature (Vidhan Sabha, Vidhan Parishad).

• All local or other authorities within the territory of India

• Local Authorities include bodies like Municipalities, Panchayats, District Boards, and Port Trusts.

• Other Authorities is a broad term. Over time, the Supreme Court has interpreted this to include any body that has been created by the Constitution or a statute, and which exercises governmental or sovereign power. Examples often include statutory and non-statutory bodies like LIC, ONGC, or CSIR.

Article 13 Laws Inconsistent with Fundamental Rights

Article 13 is important because it protects the Fundamental Rights by ensuring that any law that violates them is declared invalid. This provision gives the power of Judicial Review to the Supreme Court and High Courts.

What is 'Law' under Article 13?

Article 13 defines the term 'law' very broadly. It includes:

• Ordinances, Orders, Bylaws, Rules, Regulations, or Notifications made by any authority.

• Customs or Usages that have the force of law in India.

• Constitutional Amendments were a point of debate, but in the Kesavananda Bharati case (1973), the Supreme Court ruled that a constitutional amendment could be reviewed if it violated the Basic Structure of the Constitution.

Principles of Article 13

Two major doctrines or principles stem from Article 13:

1. Doctrine of Severability (or Separability)

This doctrine states that if only a part of a law violates a Fundamental Right, and that part can be separated from the rest of the law without affecting the core purpose of the law, then only the violating part will be declared void. The rest of the law remains valid. If the invalid part cannot be separated, then the entire law is considered void.

2. Doctrine of Eclipse

This doctrine applies to laws that were in force before the Constitution came into effect (pre-constitutional laws). If such a law violates a Fundamental Right, it does not become completely dead or invalid; it is merely eclipsed (overshadowed) by the Fundamental Right. It becomes unenforceable against citizens.