'X' was addressing a seminar on the meaning of the term 'law' as provided under Article 13, Part III of the Constitution of India…

Question

'X' was addressing a seminar on the meaning of the term 'law' as provided under Article 13, Part III of the Constitution of India. 'X' explained that the meaning of the term 'law' in the Constitution of India was very comprehensive. It included ordinances, orders and even rules and regulations. 'Y' pointed out that the term 'law' in Article 13 also included custom or usage having in the territory of India the force of law, to which 'X' was not convinced.

Based on the above, select the correct conclusion from the options given below:

1. A. 'X' is correct in the interpretation of law, including the view on non-inclusion of custom.
2. B. The view of 'Y' that 'law' included custom is not correct.
3. C. The views of both 'X' and 'Y' are correct.
4. D. The view of only 'Y' is correct. (Correct answer)

Correct Answer

Option D — D

Detailed Solution & Explanation

The correct answer is Option D.

Key Points

• the view of only 'Y' is correct.
• Under Article 13(3)(a) of the Constitution, the term 'law' is defined very broadly to include 'any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law.'
• 'X' is partly right but wrong on the key point: law does include ordinances, orders, rules and regulations — but 'X' was not convinced that it includes custom or usage, which is incorrect.
• 'Y' is correct: law under Article 13 expressly includes custom or usage having the force of law.
• Since 'X' errs on the inclusion of custom while 'Y' states it correctly, only Y's view is correct — option D.
• Article 13 makes any 'law' that violates Fundamental Rights void; the wide definition ensures that even customs and subordinate legislation are subject to Part III.

Exam Tip

• memorise that Article 13's definition of 'law' includes custom or usage — it is the single fact this question turns on.