Scribd
Upload
39 views1 page

Article 13

Article 13 discusses the meaning of law, including judicial enactments, personal laws, customs, and amendments, highlighting key cases that illustrate these concepts. It also covers the effects of Article 13 and its applicability, focusing on the doctrines of severability and eclipse, with references to significant legal cases that shaped their interpretations. The document emphasizes the distinction between pre and post-constitution laws in relation to these doctrines.

Uploaded by

Lakshita Mehta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
39 views1 page

Article 13

Article 13 discusses the meaning of law, including judicial enactments, personal laws, customs, and amendments, highlighting key cases that illustrate these concepts. It also covers the effects of Article 13 and its applicability, focusing on the doctrines of severability and eclipse, with references to significant legal cases that shaped their interpretations. The document emphasizes the distinction between pre and post-constitution laws in relation to these doctrines.

Uploaded by

Lakshita Mehta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

ARTICLE 13

 Meaning of Law
 Judicial enactments- Ashok Kumar Gupta v UOI 1997
 Personal laws- State of Bombay v Narasu Apa Malli AIR 1952 Bom 84
 Custom/ Usage- Madhu Kishwar v State of Bihar AIR 1996
 Amendments- A. 368(4), inherent limitation of basic structure
 Effect of A 13 and extent of its applicability
 Doctrine of severability
- AK Gopalan v State of Madras- validity of preventive detention Act
- RMDC v UOI AIR 1957 SC 628- prize competitions Act
- Romesh Thapar case, example of legislation that is non severable and must be struck
down in its totality
 Doctrine of Eclipse
- Keshav Madhavan Menon v state of Bombay 1951- origin of the doctrine
- Bhikaji Narain v State of MP 1955 – further development of the doctrine
- Saghir Ahmed v State of UP 1954, the doctrine does not apply to post constitution
laws
- Deep Chand v. State of UP 1959
- State of Gujarat v Sri Ambica Mills AIR 1974 SC 1300
The doctrine applies to both pre and post constitution laws

You might also like