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
• B. 2 only
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

The correct option is D Neither 1 nor 2

Explanation:

Statement 1 is incorrect:

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

• Permanent laws enacted by the Parliament or the state legislatures.
• Temporary laws like ordinances issued by the president or the state governors
• Statutory instruments in the nature of delegated legislation (executive legislation) and notification
• 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 incorrect: Article 13 provides the definition of law for the purpose of Part III of the constitution and declares any law in derogation with fundamental rights void.