Article 13(2) renders void any law inconsistent with Fundamental Rights. The expression 'law' in Article 13(3)(a) does NOT include:
AAn Ordinance promulgated by the President under Article 123 of the Constitution
BA Constitutional Amendment Act passed by Parliament under Article 368
CA custom or usage having the force of law within the territory of India
DA bye-law of a municipal authority, regulation, notification or order
Answer & Solution
Correct answer: B. A Constitutional Amendment Act passed by Parliament under Article 368
1. Article 13(3)(a) defines 'law' inclusively: any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having the force of law.
2. Article 13(4), inserted by the 24th Amendment, 1971, expressly excludes constitutional amendments under Article 368 from the scope of Article 13.
3. Kesavananda Bharati (1973) upheld 13(4) but subjected amendments to the basic structure test.
4. Hence a Constitutional Amendment is NOT a 'law' under 13(3)(a).
_Source: Constitution of India (Bare Act, updated to 105th Amendment Act 2021), Govt. of India Legislative Dept., Article 13(3)(a) read with Article 13(4); Kesavananda Bharati_
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