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UPSC Prelims 2026Question 54Polity

‘X’ was addressing a seminar on the meaning of the term ‘law’ as provided under Article 13, Part IIT 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:

Options

  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: d
Decision rule

In two-speaker questions, judge only the disputed point: a speaker right about everything else but wrong on it is not 'correct'.

Explanation


Correct Answer

(d) The view of only ‘Y’ is correct.


Explanation of the Correct Answer

Article 13 of the Constitution deals with laws inconsistent with or in derogation of Fundamental Rights.

Under Article 13(3)(a), the term “law” includes:

  • ordinance
  • order
  • bye-law
  • rule
  • regulation
  • notification
  • custom or usage having in the territory of India the force of law

In the given case:

  • Y is correct because Article 13 expressly includes custom or usage having the force of law within the meaning of “law”.
  • X is not correct in the final interpretation, because although he correctly stated that law includes ordinances, orders, rules and regulations, he was not convinced that custom or usage is included.

Therefore, since the dispute is specifically about whether custom or usage is included in “law”, the correct answer is only Y is correct.


Why Other Options Are Incorrect

OptionVerdictExplanation
(a) ‘X’ is correct in the interpretation of law, including the view on non-inclusion of customIncorrectX’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 correctIncorrectY’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 correctIncorrectX 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 correctCorrectY’s interpretation directly matches Article 13(3)(a), which includes custom or usage having the force of law.

Relevant Supplementary Information


Meaning of “Law” under Article 13(3)(a)

Included in “Law”Meaning / Example
OrdinanceTemporary law made by the President or Governor when the legislature is not in session
OrderFormal direction issued by a competent authority
Bye-lawRule made by a local authority, corporation, or statutory body
RuleSubordinate legislation made under authority of an Act
RegulationAdministrative or statutory regulatory provision
NotificationOfficial declaration issued by government authority
CustomLong-followed practice accepted as legally binding
UsageEstablished practice having legal force

Article 13: Important Clauses

ClauseProvisionSignificance
Article 13(1)Pre-Constitution laws inconsistent with Fundamental Rights become void to the extent of inconsistencyEnsures old laws do not override Fundamental Rights
Article 13(2)State shall not make any law that takes away or abridges Fundamental RightsPrevents future unconstitutional laws
Article 13(3)(a)Defines “law” broadlyIncludes 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 Takeaways from the Tables

Key PointExplanation
Article 13 gives a broad meaning to “law”It is not limited to Acts passed by Parliament or State Legislatures.
Custom and usage are includedBut only when they have the force of law in India.
Mere social practice is not enoughA custom must have legal force or recognition to fall under Article 13.
Custom is subject to Fundamental RightsAny custom violating Fundamental Rights can be declared void.
Y is fully correct; X is only partly correctSince X rejects custom, his final interpretation is incorrect.
Key PointExplanation
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 includedBut only when they have the force of law in India.
Mere social practice is not lawA practice must have legal recognition or enforceability.
Article 13 is linked to judicial reviewAny law violating Fundamental Rights can be declared void.
Custom is not above the ConstitutionEven recognised customs must comply with Fundamental Rights.
For the given question, Y is correctY correctly states that custom or usage having force of law is included in Article 13.

Context and Current Relevance

  • Article 13 is the constitutional basis for judicial review of laws violating Fundamental Rights.
  • It ensures that even customs and usages are tested against constitutional values like equality, dignity, liberty and non-discrimination.
  • This is important in cases where traditional practices conflict with Fundamental Rights.

Table: Article 13 and Meaning of “Law”

Term Included in Article 13(3)(a)MeaningExample / Illustration
OrdinanceTemporary law made by the President or Governor when legislature is not in sessionPresident’s Ordinance under Article 123; Governor’s Ordinance under Article 213
OrderFormal direction issued by a competent authorityGovernment order affecting service conditions or administrative rights
Bye-lawRule made by a local authority or statutory bodyMunicipal bye-laws regulating construction, sanitation, trade licences
RuleSubordinate legislation framed under authority of an ActRules made under environmental, tax, service, or labour laws
RegulationDetailed regulatory provision made by a competent authoritySEBI regulations, university regulations, service regulations
NotificationOfficial government declaration issued under statutory authorityNotification declaring an area protected or imposing restrictions
CustomLong-established practice accepted as legally bindingCustomary inheritance or community practices, if recognised by law
UsageEstablished practice followed over time with legal forceTrade usage or community usage having binding character

Table: What Falls Within “Law” under Article 13 and What Does Not

CategoryCovered under Article 13?Reason
Act of ParliamentYesFormal legislation made by Parliament
State Legislature ActYesFormal legislation made by State Legislature
OrdinanceYesExpressly included under Article 13(3)(a)
Rules and regulationsYesSubordinate legislation is covered
Government notificationYesExpressly included if issued under legal authority
Bye-law of municipalityYesLocal laws and subordinate rules are included
Custom having force of lawYesExpressly included under Article 13(3)(a)
Usage having force of lawYesExpressly included under Article 13(3)(a)
Mere social habitNoIt has no legal force
Moral practice without legal recognitionNoArticle 13 covers law, not mere morality
Administrative advice without legal forceGenerally noUnless it affects rights through legal authority

Table: Article 13 Clauses

Article / ClauseMain ProvisionImportance
Article 13(1)Pre-Constitution laws inconsistent with Fundamental Rights are void to the extent of inconsistencyProtects Fundamental Rights from old colonial or pre-Constitution laws
Article 13(2)State shall not make laws taking away or abridging Fundamental RightsPrevents future unconstitutional laws
Article 13(3)(a)Defines “law” broadlyIncludes 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 13Linked to the evolution of basic structure doctrine

Table: Difference Between Custom, Usage and Mere Practice

TermMeaningLegal EffectExample
CustomLong-established community practice accepted as bindingCan have force of law if certain, ancient, reasonable and recognisedCustomary inheritance practice
UsageRepeated practice followed in a community, trade, or institutionMay acquire legal force if recognisedTrade usage in commercial transactions
Mere PracticeHabit or tradition followed sociallyNo legal force by itselfA family tradition or local habit
Custom having force of lawCustom recognised or enforceable as lawCovered under Article 13Legally recognised community custom
Usage having force of lawUsage recognised as binding by law or courtsCovered under Article 13Legally recognised trade usage

Table: Similar Constitutional Terms Frequently Asked

TermArticle / ContextMeaning
LawArticle 13(3)(a)Includes legislation, subordinate legislation, notifications, customs and usages having force of law
Laws in forceArticle 13(3)(b)Pre-Constitution laws continuing in force
StateArticle 12Includes Government, Parliament, State Legislatures, local authorities and other authorities
Fundamental RightsPart IIIJusticiable rights enforceable through courts
Judicial ReviewArticles 13, 32, 226Power of courts to test laws against the Constitution
Constitutional AmendmentArticle 368Formal amendment of the Constitution, subject to basic structure doctrine
Customary LawArticle 13 contextCustom or usage having force of law
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