Official UPSC Format

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 :

⚡ Quick Recall Snippet

Article 13 of the Indian Constitution protects Fundamental Rights by defining 'law' expansively. According to Article 13(3)(a), the term 'law' includes not just formal statutes and ordinances, but explicitly encompasses any custom or usage having the force of law in India.

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Detailed Solution & Authority Citations

Correct Answer is Option 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.

    🚨 The Examiner's Trap

    The conversational format ('X says this, Y says that') tests candidate confidence. Many candidates might assume 'law' strictly means formal, codified statutes, leading them to side with 'X' and falsely conclude that unwritten 'customs' fall outside constitutional purview.

    Active Recall Flashcard

    Tap to Flip

    Under Article 13 of the Indian Constitution, does the definition of 'law' include uncodified customs or usages?

    Yes, Article 13(3)(a) explicitly includes any 'custom or usage' having the force of law.

    Concept Flow Mapping

    Article 13
    Defines
    The Term 'Law'
    The Term 'Law'
    Includes
    Custom or Usage
    Article 13
    Protects
    Fundamental Rights

    Logic Quest

    "Why did the constitutional framers explicitly include 'custom' in Article 13?"

    Not analyzing core concepts like Constitutional Supremacy over Tradition through the lens of Previous Year Questions is a serious miss-out. This PYQ engine is specifically designed to help you decode the examiner's mindset and master highly probable Indian Polity questions for your upcoming Prelims.