Q. '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:
(a) 'X' is correct in the interpretation of law, including the view on non-inclusion of custom.
(b) The view of 'Y' that 'law' included custom is not correct.
(c) The views of both 'X' and 'Y' are correct.
(d) The view of only 'Y' is correct.

Answer : D

Explanation:

The question is based on Article 13 of the Constitution of India, which explains the meaning of the term “law” under Part III of the Constitution relating to Fundamental Rights.

The provided constitutional extract clearly states: “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law.

  • View of ‘X’ is correct: ‘X’ stated that the term “law” in the Constitution is very comprehensive and includes:
    • Ordinances
    • Orders
    • Rules
    • Regulations

    This is correct because Article 13(3)(a) explicitly includes these within the meaning of “law”.

  • View of ‘Y’ is correct: ‘Y’ stated that Article 13 also includes custom or usage having the force of law. This is correct because Article 13(3)(a) states that: “Law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law.
  • Since X is not convinced about custom/usage, his interpretation is incomplete. Y alone is correct because Article 13 explicitly includes custom/usage.

Hence, option (d) is correct.

Source: https://www.constitutionofindia.net/articles/article-13-laws-inconsistent-with-or-in-derogation-of-the-fundamental-rights/

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