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Article 13 distinguishes between pre-constitution laws and post-constitution laws inconsistent with Fundamental Rights. Which sub-clause governs which category?
Answer & Solution
Correct answer: C.
1. Article 13(1) deals with **existing laws** — laws in force *before* the commencement of the Constitution (pre-constitutional laws). It declares such laws void to the extent of inconsistency with fundamental rights.
2. Article 13(2) deals with **future laws** — laws made *after* the commencement of the Constitution. It bars the State from making any law which takes away or abridges Part III rights, and any such law is void to the extent of contravention.
3. The split matters because the doctrine of eclipse (see *Bhikaji Narain Dhakras*) was originally evolved to deal with pre-constitution laws under 13(1), where the inconsistent law was eclipsed rather than dead.
4. Options C and D ignore the temporal split entirely.
_Source: ICSI CS Executive — Lesson 2, 'Justifiability of Fundamental Rights', p. 31._
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