S.Mahaveer Shivaji MHC Advocate : Part III. Fundamental Rights Art 13:…..There are certain political theory exist to the Part III. Theory of Eclipse, Theory of Repugnancy, etc these doctrines are making the

S.Mahaveer Shivaji MHC Advocate : Part III. Fundamental Rights Art
13:…..There are certain political theory exist to the Part III. Theory of Eclipse, Theory of Repugnancy, etc these doctrines are making the fundamental rights still stronger and given high priority than other laws. All pre and post laws of independence can survive only at the mercy of Part III except on the occasion of while invoking Art 352 and limited scope in Art 368
These two sets of law was allowed by retaining the power of repeal by the Indian constitution vesting with parliament apart from judiciary. So by Art.13 (1) any law in force at the commencement of this constitution or any law made by parliament is the nature of inconsistent or abridges or derogation with the rights conferred in part III and to an extent of inconsistent be void. It is not automatic be void it should be tested by judiciary to declare as void . further it not only to extent of inconsistent it is includes whole of inconsistent be void that is any such law be void either partially or wholly. In whole the part III is most important than any other laws in India. ………..FOLLOWS