Article 8: Laws inconsistent with or in derogation of fundamental rights to be void

9:26 PM

Article 8: Laws inconsistent with or in derogation of fundamental rights to be void

1. Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void.

2. The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void.

3. The provisions of this Article shall not apply to-



a. any law relating to members of the Armed Forces, or of the police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them; or

b. any of the-

i. laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that Schedule;
ii. other laws specified in Part I of the First Schedule; and no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this Chapter.

4. Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two years from the commencing day, the appropriate Legislature shall bring the laws specified in Part II of the First Schedule into conformity with the rights conferred by this Chapter: Provided that the appropriate Legislature may by resolution extend the said period of two years by a period not exceeding six months.

Explanation:- If in respect of any law Majlis-e-Shoora (Parliament) is the appropriate Legislature, such resolution shall be a resolution of the National Assembly.

5. The rights conferred by this Chapter shall not be suspended except as expressly provided by the Constitution.

You Might Also Like

0 comments

Blog Archive

Google+ Followers