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Q. Article 13 of the Indian Constitution says, any “law” which is inconsistent with any of the fundamental rights shall be void. In this context which of the following can be included under the definition of law?

  1. Ordinance
  2. Bye-laws
  3. Constitutional Amendment
  4. Customs and usage having force of law

Select the correct answer using the code given below:



  1. 1 and 2 only

  2. 1, 2, 3 and 4

  3. 1, 2 and 3 only

  4. 1, 2 and 4 only


Solution

The correct option is D
1, 2 and 4 only

Explanation:

  • According to Article 13(3) (a) Law includes any Ordinance, Order, Bye-law, Regulation, Notification, Custom and usage in the territory of India having force of law.
  • Art 13(4): Nothing in this article applies to constitutional amendment made under art: 368. And, also the Supreme Court in Kesavananda Bharati Case held that the Constitutional Amendment doesn’t constitute law.

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