WHAT IS LAW?

 LECTURE 3
 Dr. Nipun
Gupta Jain
 As per The Constitution of India
Article -13: Laws inconsistent with or in derogation of the fundamental rights
 (1) All laws in force in the territory of India immediately before the commencement of this
Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of
such inconsistency, be void
 (2) 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
 (3) In this article, unless the context otherwise requires law includes any Ordinance, order, bye law,
rule, regulation, notification, custom or usages having in the territory of India the force of law; laws
in force includes laws passed or made by 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India before the commencement of this Constitution and not previously repealed, notwithstanding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
 (4) Nothing in this article shall apply to any amendment of this Constitution made under Article 368
 ARTICLE 13 OF THE INDIAN CONSTITUTION: Refer the constitution

Article
-13
Pre Post
constitutional Const it utional
Law 13 (1) laws 13 (2)
and (3)
Clause (1)

 (1) All laws in force in the territory of India immediately before the
commencement of this Constitution, in so far as they are inconsistent with the
provisions of this Part, shall, to the extent of such inconsistency, be void.

 For example – decriminalizing of homosexuality, Adultery, Marshal Law,

Abolishing Zamindari System.
Clause (2) and (3)

 (2) The State (Article 12) 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. Eg: right to property no more a fundamental right
 (3) In this article, unless the context otherwise requires law includes any
Ordinance, order, bye law, rule, regulation, notification, custom or usages
having in the territory of India the force of law; laws in force includes laws
passed or made by 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repealed, notwithstanding that any such law or any part thereof may not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
Law includes:

Ordinance
Order
Bye-law
Rule
Regulation
Notification
Custom
Usages
➢ Ordinance- an authoritative rule enacted by the government. Ordinance is a decree or law promulgated by a state
or national government without the consent of the legislature. It includes examples such as collecting revenue
through new taxes or harnessing resources during an emergency or threat. For an ordinance to be enforced
effectively, it must not be in conflict with any higher law such as state or national law or constitutional provisions.

➢ Article 123 of the Constitution of India grants the President certain law-making powers to promulgate ordinances
when either of the two Houses of Parliament is not in session.

➢ Order- A rule governing the conduct or prescribing the mode of conducting in a particular matter. For example an
order of the court

➢ Bye-law- a rule established by an organization to regulate itself. For example bye-laws by universities, institutes

➢ Rule- prescribe guide for conduct or action. For examples Traffic Rules

➢ Regulation- it intend to manage the action or conduct. For examples Regulations issued by UGC for universities

➢ Notification- the act or instances of notifying i.e by which notice is given. For example Notification issued by UPSC

➢ Custom- For example custom of marriage, taking care of elders, maintenance etc

➢ Usages –the manner of conducting in a particular way under a giveN situation. For example the usages followed in
banking institutions
Thank You!! Have a nice day