Official Question UPSC 2026
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 :
Solution & Analysis
Answer: D
To resolve this dispute, we must look at the exact text of Article 13, which forms the bedrock of Judicial Review regarding Fundamental Rights in India:
•The Intent of Article 13: It declares that any "law" inconsistent with Part III (Fundamental Rights) is void. To ensure the State cannot bypass rights using technicalities, it defines "law" expansively.
•The Text of Article 13(3)(a): The Constitution explicitly dictates that the term "law" includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law.
•Evaluating the Seminar Dispute:
•'X' is correct that ordinances and rules are included, but 'X' is fundamentally incorrect in doubting or rejecting the inclusion of custom.
•'Y' is absolutely correct in pointing out that "custom or usage" is explicitly included in the constitutional definition. By designating customs as laws, the Constitution ensures that oppressive traditional practices face the exact same scrutiny as formal statutes.
Conclusion: Regarding the specific point of contention (whether custom is included), only the view of 'Y' is correct. Therefore, Option D is the right answer.