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QUESTION

GS

Easy

Indian Polity

Prelims 2026

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 :

Select an option to attempt

Explanation

Article 13 of the Indian Constitution provides for the protection of Fundamental Rights and declares that any law inconsistent with or in derogation of Part III of the Constitution shall be void to the extent of the inconsistency.

To prevent the State from bypassing Fundamental Rights through executive or traditional means, Article 13(3)(a) provides a highly expansive definition of the term "law". It explicitly 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.

Therefore, the view of 'Y' that the term 'law' includes custom or usage is absolutely correct. Because "custom or usage" is expressly listed in the constitutional text, uncodified traditional practices that hold the force of law are subject to the exact same constitutional scrutiny as formal legislative statutes.

'X' is incorrect in doubting or rejecting the inclusion of custom or usage within the definition of law under Article 13. Thus, regarding the point of contention, only the view of 'Y' is correct.

Therefore, the correct option is D.

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