Q. With reference to Article 13 of the Indian Constitution, consider the following statements:
1.The term “law” under Article 13 includes customs and usages having the force of law.
2.Constitutional amendments are explicitly excluded from the definition of “law” under Article 13 and can never be challenged in court.
3.Both Supreme Court and High Courts are empowered to declare laws void if they contravene any Fundamental Right.
Which of the statements given above is/are correct?
Answer: A
Notes:
Explanation:
- Article 13 widely defines “law” to include not only legislation but also customs and usages having the force of law.
- While Article 13 does not include constitutional amendments as “law”, the Supreme Court in Kesavananda Bharati (1973) ruled that constitutional amendments can be challenged if they violate the basic structure of the Constitution, including Fundamental Rights that are part of that structure.
- Both the Supreme Court (Article 32) and High Courts (Article 226) can declare laws void if they violate Fundamental Rights—this is the essence of the doctrine of judicial review under Article 13.
Source: Laxmikant (Polity)
