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Q79 (IAS/2026) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties Official Key

'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, very and even rules and regulations, orders 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:

Result
Your answer: —  ·  Correct: D

Explanation

According to Article 13(3)(a) of the Constitution of India, the term 'law' is given a very wide connotation. It explicitly includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law.

In the given scenario, 'X' correctly identifies that ordinances, rules, regulations, and orders fall under the definition of law. However, 'X' is incorrect in rejecting the inclusion of custom or usage. 'Y' correctly points out that custom and usage having the force of law are indeed included within the ambit of Article 13. Therefore, on the disputed point regarding customs, only the view of 'Y' is correct.

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PROVENANCE & STUDY PATTERN

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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
'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' expla…
At a glance
Origin: From standard books Fairness: High fairness Books / CA: 10/10 · 0/10
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This is an absolute sitter straight from the first few pages of Laxmikanth's Fundamental Rights chapter. UPSC is testing your precision on the exact constitutional definition of 'law'. Missing this means losing out on the most basic, high-yield polity marks.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Definition of the term law under Article 13 of the Constitution of India
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > SHANKARI PRASAD CASE (1951) > p. 625
Presence: 5/5
“Supreme Court Judgment: It held that the parliament's amending power under Article 368 also includes the power to amend the fundamental rights guaranteed in Part III of the Constitution. Further, it said that a constitutional amendment act enacted to abridge or take away the fundamental rights is not void under Article 13(2). Therefore, the court upheld the validity of the 1st Amendment Act (1951), which curtailed the right to property by inserting Articles 31A and 31B. Impac t of the Judgement: In this judgement, the Suprem e Court made a distinction between the legislative law (ordinary law) and the con stituent law (constitutional amendme nt law).”
Why this source?
  • Differentiates between legislative (ordinary) law and constituent (constitutional amendment) law in the context of Article 13(2).
  • Clarifies that constitutional amendments were historically not considered 'law' under the scope of Article 13(2) for the purpose of abridging fundamental rights.
  • Establishes the legal boundary for what can be declared void for violating Part III of the Constitution.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 91: Important Doctrines of Constitutional Interpretation > III Basis of the Doctrine > p. 647
Presence: 4/5
“Article 13 is the basis of the doctrine of severability. It makes the following two provisions 'in this regard: 1. Article 13(1) deals with the pre-constitution laws and declares that all such laws are void to the extent to which they are inconsistent with the Fundamental Rights. 2. Article 13(2) deals with the post-constitution laws and prohibits the state from making a law which takes away or abridges the Fundamental Rights and any such law is void to the extent of the contravention. Only that portion of a law, which violates the Fundamental Rights, can be declared as void and not the whole of it.”
Why this source?
  • Distinguishes between pre-constitution and post-constitution laws within the framework of Article 13.
  • Clarifies that the prohibition on abridging Fundamental Rights applies to the state's law-making powers.
  • Explains that only the inconsistent portion of a law is declared void, rather than the entire statute.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 91: Important Doctrines of Constitutional Interpretation > III Meaning of the Doctrine > p. 650
Presence: 4/5
“It is not wiped out completely from the statute book. 9 Article 13(1) reads as follows: "(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part. shall, to the extent of such inconsistency, be void. ~”
Why this source?
  • Provides the specific constitutional language 'laws in force' used to define the scope of Article 13(1).
  • Establishes that the definition includes all regulations existing in India prior to the Constitution's commencement.
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SIMILAR QUESTIONS

IAS · 2020 · Q88 Relevance score: -1.05

With reference to the provisions contained in Part IV of the Constitution of India, which of the following statements is/are correct ? 1. They shall be enforceable by courts. 2. They shall not be enforceable by any court. 3. The principles laid down in this part are to influence the making of laws by the State. Select the correct answer using the code given below :

CDS-I · 2015 · Q53 Relevance score: -1.55

In which of the following cases did the Supreme Court rule that Constitutional Amendments were also laws under Article 13 of the Constitution of India, which could be declared void for being inconsistent with Fundamental Rights ?

CAPF · 2024 · Q92 Relevance score: -1.72

Which of the following statements is/are correct? 1. Some Rights contained in Part-III of the Constitution of India are enforceable against the State only 2. Some Rights contained in Part-III of the Constitution of India are enforceable in favor of citizens only 3. Some Rights contained in Part-III of the Constitution of India are enforceable against both, the state and individuals Select the answer using the code given below:

CAPF · 2018 · Q81 Relevance score: -1.76

Which of the following statements about the Constitution of India is/are correct? 1. The “Objectives Resolution’ was moved by Sardar Vallabhbhai Patel, 2. Dr. B. R. Ambedkar served as the Chairman of the Drafting Committee in his capacity as the Law Minister. Select the correct answer using the code given below,