With reference to the Article 13, consider the following statements about the definition of law.
- Ordinances issued by the state governor are not included in the definition of law.
- Permanent laws enacted by the Parliament or the state legislatures are part of law.
- Order, bye-law, rule, regulation or notification are excluded from the definition of law.
How many of the statements given above are correct?
Answer A (only 2nd statement is correct)
Explanation:
The term ‘law’ in Article 13 has been given a wide connotation so as to include the following:
(a) Permanent laws enacted by the Parliament or the state legislatures; (2nd statement is correct)
(b) Temporary laws like ordinances issued by the president or the state governors; (1st statement is incorrect)
(c) Statutory instruments in the nature of delegated legislation (executive legislation) like order, bye-law, rule, regulation or notification; (3rd statement is correct)
(d) Non-legislative sources of law, that is, custom or usage having the force of law.
Thus, not only a legislation but any of the above can be challenged in the courts as violating a Fundamental Right and hence, can be declared as void. Further, Article 13 declares that a constitutional amendment is not a law and hence cannot be challenged. However, the Supreme Court held in the Kesavananda Bharati case (1973) that a Constitutional amendment can be challenged on the ground that it violates a fundamental right that forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as void.