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 :
Detailed Explanation:
Key Provision — Article 13(3)(a): The definition of "law" under Article 13 is highly expansive and explicitly includes:
- Ordinances
- Orders, bye-laws, rules, regulations, notifications
- Custom or usage having in the territory of India the force of law
Analysis:
| Person | View | Correctness |
|---|---|---|
| X | Law includes ordinances, orders, rules & regulations — but doubted inclusion of custom | ❌ Partially wrong — correct on formal instruments, wrong to exclude custom |
| Y | Law also includes custom or usage having the force of law | ✅ Completely correct |
Why this matters: Uncodified traditional practices that hold the force of law are subject to the same constitutional scrutiny as formal legislative statutes. This prevents the State from bypassing Fundamental Rights through traditional or executive means.
Key Principle: Article 13 is a protective provision — its broad definition of "law" ensures no instrument (formal or customary) can override Fundamental Rights.
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