Fundamental Rights in the Indian Constitution

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15 Questions

What is included in the definition of 'the State' in this Part?

All of the above

What happens to laws in force in the territory of India if they are inconsistent with the provisions of this Part?

They become void to the extent of inconsistency

Which entities are prohibited from making laws that take away or abridge the rights conferred by this Part?

The State

What is included in the definition of 'law' in this article?

Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law

To what does 'laws in force' refer in this article?

'Laws in force' includes laws passed or made by a Legislature or other competent authority before the commencement of this Constitution and not previously repealed

Which entities are included in the definition of 'the State' in this Part?

Government and Parliament of India, Government and Legislature of each State, local authorities

What is encompassed by the term 'laws in force' in this article?

Laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution

What does 'law' encompass in this article?

Ordinance, order, bye-law, rule, regulation, notification, custom or usage having the force of law

What happens to laws inconsistent with the provisions of this Part?

They shall be void to the extent of such inconsistency

'The State' is defined to include which entities under this Part?

Government and Parliament of India and Government and Legislature of each State

What does 'the State' encompass in this Part?

The Government and Parliament of India, the Government and the Legislature of each of the States, and all local or other authorities within the territory of India or under the control of the Government of India

What is included in the term 'laws in force' in this article?

Laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of the Constitution and not previously repealed

Which entities are prohibited from making laws that take away or abridge the rights conferred by this Part?

The State

What is encompassed by the term 'law' in this article?

Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law

What happens to laws inconsistent with the provisions of this Part?

They shall be void to the extent of such inconsistency

Study Notes

Definition of 'the State'

  • 'The State' includes the Government and Parliament of India, the Government and the Legislature of each of the States, and all local or other authorities within the territory of India.
  • It also includes all authorities within the territory of India or under the control of the Government of India.

Inconsistency with Provisions

  • Laws in force in the territory of India that are inconsistent with the provisions of this Part cease to have effect to the extent of the inconsistency.

Entities Prohibited from Making Laws

  • The State, including the Government and Parliament of India, the Government and the Legislature of each of the States, and all local or other authorities within the territory of India, are prohibited from making laws that take away or abridge the rights conferred by this Part.

Definition of 'Law'

  • 'Law' includes any ordinance, order, bye-law, rule, regulation, notification, custom or usages having the force of law in the territory of India.

Definition of 'Laws in Force'

  • 'Laws in force' refers to laws that are in operation in the territory of India at the time.

Test your knowledge of Part III of the Indian Constitution which defines fundamental rights, including the definition of 'the State' and laws inconsistent with fundamental rights.

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