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Question

Q. Which of the following statements is/are correct with regards to Article 13 of the Indian Constitution:

Choose the correct answer using the codes given below:


A
1 only
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B
2 only
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C
Both 1 and 2
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D
Neither 1 nor 2
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Solution

The correct option is B 2 only

Explanation:

Statement 1 is incorrect.

The term ‘law’ in Article 13 has been said to include:

  1. Permanent laws enacted by the Parliament or the state legislatures.
  2. Temporary laws like ordinances issued by the president or the state governors
  3. Statutory instruments in the nature of delegated legislation (executive legislation) and notification
  4. Custom or usage having the force of law.

Article 13 declares that a constitutional amendment is not a law and hence cannot be challenged

Statement 2 is correct.


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