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:

1. X is correct in the interpretation of law, including the view on non-inclusion of custom.
2. The view of Y that ‘law’ included custom is not correct.
3. The views of both ‘X’ and ‘Y’ are correct.
4. The view of only Y is correct.

Explanation

Option (d) is correct

• Article 13 of the Constitution of India defines the term “law” in a very broad and comprehensive manner. According to Article 13(3)(a), the term includes ordinances, orders, bye-laws, rules, regulations, notifications, customs, and usages having the force of law within the territory of India. The purpose of giving such a wide definition is to ensure that every form of law-making authority or legally enforceable practice remains subject to Fundamental Rights. In the passage, X correctly stated that ordinances, orders, rules, and regulations are included within the meaning of law. However, X rejected the view that customs and usages having the force of law are also included, even though Article 13 expressly mentions them. Since oppressive or discriminatory customs can also be struck down for violating Fundamental Rights, X’s interpretation is incomplete and legally incorrect. Therefore, only Y’s view is correct.

Answer (d) The view of only Y is correct; Difficulty Level: Medium