UPSC Prelims 2026 · Question 79 of 96

UPSC Prelims 2026 question on Law Under Article 13

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.
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Answer: D. The view of only 'Y' is correct.

Under Article 13(3)(a) of the Constitution of India, the term 'law' has been given a broad and inclusive meaning. It expressly includes ordinance, order, bye-law, rule, regulation, notification, and custom or usage having in the territory of India the force of law.

Therefore, the observation made by 'Y' is constitutionally correct, since Article 13 specifically recognises custom and usage possessing the force of law within the ambit of the term 'law'.

On the other hand, the interpretation offered by 'X' is incomplete because it excludes custom from the scope of Article 13, despite its explicit inclusion in the constitutional text. Such an interpretation is inconsistent with the plain language and established constitutional understanding of Article 13(3)(a).

Hence, only the view of 'Y' is correct, and the correct answer is option (d). This position has also been reaffirmed through judicial interpretation in cases such as Sant Ram v. Labh Singh and Madhu Kishwar v. State of Bihar.

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