Q. Consider the following statements:
1. As per Constitution, any law made by the State which abridges the Fundamental Rights and Directive Principles of State Policy shall be void.
2. Any amendment of the Constitution made under Article 368 does not fall under the definition of ‘law’ under Article 13 of Constitution.
Which of the statements given above is/are correct?
- Statement 1 is incorrect. The protection against the laws by Parliament is not provided to Directive Principles as it is explicitly provided to Fundamental Rights under Article 13.
Article 13(2) state that the State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
- Statement 2 is correct. Article 13(3): In this article, unless the context otherwise requires —
(a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law.
(b) “laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
Article 13(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.