Question
UPSC Prelims 2026 Question:
‘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:
Answer (Detailed Solution Below)
Option 4: The view of only 'Y' is correct.
Detailed Solution
Answer: 4
Explanation:
- Article 13 of the Constitution of India serves as the cornerstone of the enforceability of Fundamental Rights under Part III. The term 'law' as used in Article 13 has been given a deliberately wide, inclusive and comprehensive meaning under Article 13(3)(a) to ensure that no form of State action escapes the scrutiny of Part III. Article 13(3)(a) expressly defines 'law' to include any ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law.
- X claimed that the meaning of the term 'law' under Article 13 was very comprehensive and included ordinances, orders, rules and regulations. The critical flaw in X's position lies in the use of the word comprehensive. By asserting that his explanation was comprehensive, X implicitly claimed that his list was complete and exhaustive. However, Article 13(3)(a) expressly includes custom or usage having in the territory of India the force of law as a distinct and separate category within the definition of 'law'. More importantly, X's subsequent refusal to accept Y's correct addition further confirms that X's claim of comprehensiveness is therefore factually wrong as per the constitutional text. So, X's view is not correct.
- Y correctly pointed out that the term 'law' under Article 13 also includes custom or usage having in the territory of India the force of law. A custom or usage having the force of law refers to practices and conventions that have acquired legal status through long usage and judicial recognition, even without legislative enactment. Y's view is fully and unambiguously supported by the express language of Article 13(3)(a). So, Y's view is correct.
- Since X's claim of comprehensiveness is factually wrong due to the omission of custom or usage as an expressly included category, and since X refused to accept Y's correct and constitutionally supported addition, the view of only Y is correct.
Therefore, option (4) is the correct answer.
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Last updated on June, 2026