Article 13 of the Constitution deals with laws inconsistent with or in derogation of Fundamental Rights.
| Option | Verdict | Explanation |
|---|
| (a) ‘X’ is correct in the interpretation of law, including the view on non-inclusion of custom | Incorrect | X’s view on non-inclusion of custom is wrong because Article 13(3)(a) expressly includes custom or usage having force of law. |
| (b) The view of ‘Y’ that law included custom is not correct | Incorrect | Y’s view is correct because legally recognised custom or usage is included within “law” under Article 13. |
| (c) The views of both ‘X’ and ‘Y’ are correct | Incorrect | X is only partly correct. His refusal to accept custom as part of “law” makes his final interpretation incorrect. |
| (d) The view of only ‘Y’ is correct | Correct | Y’s interpretation directly matches Article 13(3)(a), which includes custom or usage having the force of law. |
| Included in “Law” | Meaning / Example |
|---|
| Ordinance | Temporary law made by the President or Governor when the legislature is not in session |
| Order | Formal direction issued by a competent authority |
| Bye-law | Rule made by a local authority, corporation, or statutory body |
| Rule | Subordinate legislation made under authority of an Act |
| Regulation | Administrative or statutory regulatory provision |
| Notification | Official declaration issued by government authority |
| Custom | Long-followed practice accepted as legally binding |
| Usage | Established practice having legal force |
| Clause | Provision | Significance |
|---|
| Article 13(1) | Pre-Constitution laws inconsistent with Fundamental Rights become void to the extent of inconsistency | Ensures old laws do not override Fundamental Rights |
| Article 13(2) | State shall not make any law that takes away or abridges Fundamental Rights | Prevents future unconstitutional laws |
| Article 13(3)(a) | Defines “law” broadly | Includes ordinances, orders, rules, regulations, notifications, customs and usages |
| Article 13(3)(b) | Defines “laws in force” | Covers laws existing before the Constitution and still operative |
| Key Point | Explanation |
|---|
| Article 13 gives a broad meaning to “law” | It is not limited to Acts passed by Parliament or State Legislatures. |
| Custom and usage are included | But only when they have the force of law in India. |
| Mere social practice is not enough | A custom must have legal force or recognition to fall under Article 13. |
| Custom is subject to Fundamental Rights | Any custom violating Fundamental Rights can be declared void. |
| Y is fully correct; X is only partly correct | Since X rejects custom, his final interpretation is incorrect. |
| Key Point | Explanation |
|---|
| Article 13 gives a very wide meaning to “law” | It covers not only Acts but also subordinate legislation and legally recognised customs. |
| Custom and usage are included | But only when they have the force of law in India. |
| Mere social practice is not law | A practice must have legal recognition or enforceability. |
| Article 13 is linked to judicial review | Any law violating Fundamental Rights can be declared void. |
| Custom is not above the Constitution | Even recognised customs must comply with Fundamental Rights. |
| For the given question, Y is correct | Y correctly states that custom or usage having force of law is included in Article 13. |
| Term Included in Article 13(3)(a) | Meaning | Example / Illustration |
|---|
| Ordinance | Temporary law made by the President or Governor when legislature is not in session | President’s Ordinance under Article 123; Governor’s Ordinance under Article 213 |
| Order | Formal direction issued by a competent authority | Government order affecting service conditions or administrative rights |
| Bye-law | Rule made by a local authority or statutory body | Municipal bye-laws regulating construction, sanitation, trade licences |
| Rule | Subordinate legislation framed under authority of an Act | Rules made under environmental, tax, service, or labour laws |
| Regulation | Detailed regulatory provision made by a competent authority | SEBI regulations, university regulations, service regulations |
| Notification | Official government declaration issued under statutory authority | Notification declaring an area protected or imposing restrictions |
| Custom | Long-established practice accepted as legally binding | Customary inheritance or community practices, if recognised by law |
| Usage | Established practice followed over time with legal force | Trade usage or community usage having binding character |
| Category | Covered under Article 13? | Reason |
|---|
| Act of Parliament | Yes | Formal legislation made by Parliament |
| State Legislature Act | Yes | Formal legislation made by State Legislature |
| Ordinance | Yes | Expressly included under Article 13(3)(a) |
| Rules and regulations | Yes | Subordinate legislation is covered |
| Government notification | Yes | Expressly included if issued under legal authority |
| Bye-law of municipality | Yes | Local laws and subordinate rules are included |
| Custom having force of law | Yes | Expressly included under Article 13(3)(a) |
| Usage having force of law | Yes | Expressly included under Article 13(3)(a) |
| Mere social habit | No | It has no legal force |
| Moral practice without legal recognition | No | Article 13 covers law, not mere morality |
| Administrative advice without legal force | Generally no | Unless it affects rights through legal authority |
| Article / Clause | Main Provision | Importance |
|---|
| Article 13(1) | Pre-Constitution laws inconsistent with Fundamental Rights are void to the extent of inconsistency | Protects Fundamental Rights from old colonial or pre-Constitution laws |
| Article 13(2) | State shall not make laws taking away or abridging Fundamental Rights | Prevents future unconstitutional laws |
| Article 13(3)(a) | Defines “law” broadly | Includes ordinances, orders, bye-laws, rules, regulations, notifications, customs and usages |
| Article 13(3)(b) | Defines “laws in force” | Includes laws passed before the Constitution but still operative |
| Article 13(4) | Constitutional amendments under Article 368 are not treated as “law” for Article 13 | Linked to the evolution of basic structure doctrine |
| Term | Meaning | Legal Effect | Example |
|---|
| Custom | Long-established community practice accepted as binding | Can have force of law if certain, ancient, reasonable and recognised | Customary inheritance practice |
| Usage | Repeated practice followed in a community, trade, or institution | May acquire legal force if recognised | Trade usage in commercial transactions |
| Mere Practice | Habit or tradition followed socially | No legal force by itself | A family tradition or local habit |
| Custom having force of law | Custom recognised or enforceable as law | Covered under Article 13 | Legally recognised community custom |
| Usage having force of law | Usage recognised as binding by law or courts | Covered under Article 13 | Legally recognised trade usage |
| Term | Article / Context | Meaning |
|---|
| Law | Article 13(3)(a) | Includes legislation, subordinate legislation, notifications, customs and usages having force of law |
| Laws in force | Article 13(3)(b) | Pre-Constitution laws continuing in force |
| State | Article 12 | Includes Government, Parliament, State Legislatures, local authorities and other authorities |
| Fundamental Rights | Part III | Justiciable rights enforceable through courts |
| Judicial Review | Articles 13, 32, 226 | Power of courts to test laws against the Constitution |
| Constitutional Amendment | Article 368 | Formal amendment of the Constitution, subject to basic structure doctrine |
| Customary Law | Article 13 context | Custom or usage having force of law |