PGLAW 2018 Panjab University Entrance Exam With Answers

Practice Mode:
43.

Under The Express Terms Of Which Article Of The Indian Constitution Are The Laws Infringing The Fundamental Rights In General Invalid ?

A: Artilce 12
B: Article 13
C: Article 14
D: Article 32

The answer is: B

Explanation

The correct answer is B: Article 13.

Article 13 of the Indian Constitution deals with the laws that infringe on fundamental rights. It states that all laws that are inconsistent with or in derogation of the fundamental rights are void. This means that any law passed by the Parliament or the state legislature that infringes on the fundamental rights of the citizens is deemed invalid and unconstitutional.

Article 13 has two clauses: clause (1) and clause (2). Clause (1) states that any law that is inconsistent with or in derogation of the fundamental rights is void to the extent of its inconsistency. This means that if a law infringes on a fundamental right, only that portion of the law that infringes on the fundamental right will be deemed invalid.

Clause (2) of Article 13 states that the State shall not make any law that takes away or abridges the fundamental rights, and any law made in contravention of this clause shall be void. This clause ensures that the State cannot pass any law that violates the fundamental rights of the citizens.

Therefore, under the express terms of Article 13 of the Indian Constitution, the laws infringing the fundamental rights in general are invalid.