Legal Methods Lecture Notes

Channel Introduction

• Name: Learn Law with Vibhor
• Subject: Series on Legal Methods
• Discussed in previous video: Definition of law by different thinkers

Definition of Law in the Constitution

• Impact of Constitution on law: The Constitution is the supreme law of the country.
• Important Point: Definition of law in Article 13 of the Constitution.
• Relation of Article 13: With Fundamental Rights (Part 3).

Introduction to Article 13

• Article 13 is divided into four parts:
  • 13(1)
  • 13(2)
  • 13(3)
  • 13(4)

Article 13(1)

• Laws made before the commencement of the Constitution, if against Fundamental Rights, shall be invalid.
• Example: If IPC 1860 violates Fundamental Rights, it will become void.

Article 13(2)

• The state shall not make any law that takes away or abridges the Fundamental Rights.
• Such laws violating this clause shall be invalid.

Article 13(3)

• Meaning of 'law' here:
  • Ordinance, order, by-law, rule, regulation, notification, custom or usage.
• All these are laws applicable to the territory of India.

Article 13(4)

• This Article does not apply to amendments of the Constitution made under Article 368.

Judicial Review

• Article 13 provides the power of Judicial Review.
• Protection of Fundamental Rights through High Court (Article 226) and Supreme Court (Article 32).

Conclusion

• Main objective of Article 13: Protection of Fundamental Rights.
• Important Cases:
  • Kesavananda Bharati v. State of Kerala (1973)
  • Chandrakumar vs. Union of India

Hint of Next Topic

• In the next video: Discussion on the functions of law.
• If you like the video, don't forget to like and subscribe.

---

Note: These notes present a summary of the principles of Article 13 in the Constitution and the process of judicial review.