Question
Under Article 13 of the Constitution of India, the State
is prohibited from making laws that:Solution
Article 13(1) declares that any law that abridges, takes away, or curtails the Fundamental Rights is void to the extent of inconsistency. Article 13(2) extends this to any law made before the Constitution came into force. However, Article 13(3) excludes Constitutional amendments from this restriction, as established in Golak Nath v. State of Punjab (1967) 2 SCR 762 and Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225. [Citation: Article 13, Constitution of India]
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