What is Article 13 2 all about?
(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
What is Article 13 of the Constitution?
Brief Description. Article 13 of the Constitution adopted in 1991, and amended in 2012, includes the following provisions: No one shall be reduced to slavery or to any form of servitude [asservissement] of the human being, or submitted to torture and other cruel, inhuman or degrading treatments.
Which of the following is not included in the term law stated in Article 13 2 of Constitution?
UOI AIR 1951 SC 458 � SC held that the meaning of law under article 13 does not include a constitutional amendment. So, constitutional amendments cannot be challenged u/a 13.
Which of the following are included in the term law as per Article 13 of the Constitution?
(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
Does the constitutional amendment come within the purview of law under Article 13 2 )?
An amendment is not a law within the meaning of Article 13(2). Article 13(2) states that – “The State shall not make any law which takes away or abridges the rights conferred by this part and any law made in contravention to this clause shall, to the extent of the contravention, be void”.
Do Article 13 personal laws come?
Personal laws are not “laws” As per Article 13(3)(a) of the Constitution, “law” includes any Ordinance… “custom or usage” having in the territory of India the force of law.
What is Article 13 simplified?
The Directive on Copyright and its most controversial component, Article 13, requires online platforms to filter or remove copyrighted material from their websites. It’s this article that people think could be interpreted as requiring platforms to ban memes, but more on that later.
Can Article 13 be amended?
Article 13(2) states that – “The State shall not make any law which takes away or abridges the rights conferred by this part and any law made in contravention to this clause shall, to the extent of the contravention, be void”. An amendment is valid even if it abridges any fundamental Right.
Is Article 13 a fundamental right?
Article 13 of the Indian Constitution describes the means for judicial review. It enjoins a duty on the Indian State to respect and implement the fundamental right. And at the same time, it confers a power on the courts to declare a law or an act void if it infringes the fundamental rights.
Why does Article 13 exclude constitutional amendments and personal laws?
Personal laws are derived not from the Constitution but from the religious scriptures. The laws thus derived must be consistent with the Constitution least they became void under Article 13 if they violated fundamental rights.
Why Article 13 is good?
The directive limits how copyrighted content is shared on online platforms. Its most controversial component Article 13, now Article 17, requires online platforms to stop copyrighted material getting onto their platforms, a demand that many fear could usher in widespread usage of automated filters.
What is Article 13 and will it affect us?
Article 13 says it shall “in no way affect legitimate uses” and people will be allowed to use bits of copyright-protected material for the purpose of criticism, review, parody and pastiche. Social
What is going on with Article 13?
– it made “best efforts” to get permission from the copyright holder – it made “best efforts” to ensure that material specified by rights holders was not made available – it acted quickly to remove any infringing material of which it was made aware
What to do against Article 13?
Platforms are directly liable: Article 17[ex Art.