Article 13 Laws inconsistent with or in derogation of the fundamental rights
(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 (Part III, Fundamental rights), shall, to the extent of such inconsistency, be void.
(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.
Article 14 Equality before law
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Article 13(2) read with Art.14 of Constitution of India have preponderance over the State Legislature's power to amend Indian Penal Code. The word "State" in the above articles means either State or Central government. Both of them are empowered to make laws under Union List, State List and Concurrent list but without taking away or abridging the Fundamental Rights available to Citizens of India. Indian Penal Code is a Pan Indian law, it shall remain so guaranteeing equal privileges to all citizens of India irrespective of which State they belong to. Where State legislatures make laws and make amendments to Indian Penal Code if those amendments deny citizens equality before law, like in UP the citizens do not have the privilege of anticipatory bail, whereas in some other States it is available, it denies the Citizens of UP the Fundamental right of equality before law and hence they are void under Art.13(2) of Constitution of India.
We are not saying, State legislatures are not empowered to make laws under State list and Concurrent list but saying that if they do not meet the requirements of Art.13(2) read with Art.14 of Constitution they are void.
