Definition Of Law And Article 13

Art. 13(3) (a) gives a very broad definition of the term "law." It does not expressly include a law enacted by the legislature, because a law enacted by the legislature is clearly law. The following are included in the definition of law:

 

(ii) A lawful order, bye-law, rule, regulation, or notification because it falls under the category of subordinate delegated legislation and is not enacted by the legislature;

 

(iii) Because they are not enacted law, custom or usage have the force of law. This expanded definition of 'law' appears to have been given to avoid the possibility that law can only refer to legislation enacted by the legislature.

 

Clause (4) was inserted by the Constitution (24th Amendment) Act, 1971, with effect from 5-11-1971, to overrule the majority's view in Golak Nath v. State of Punjab that a Constitution Amendment Act passed pursuant to Art. 368 is a "law" within the meaning of Art. 13 and thus void if it infringes on a fundamental right. In Minerva Mill's case, this amendment was declared null and void.

 

Part III of the Constitution should not be regarded as a set of legal principles. They are a part of the Constitution's conscience. It's safe to assume that the framers intended for the provisions to help spread a new constitutional culture. If we exclude the rapidly expanding private sector from the enforcement of these rights, the spread of this constitutional culture will be limited and truncated. After arguing for the enforcement of fundamental rights, there is still the matter of resolving a side issue. 

 

It can be convincingly argued that rather than bringing the private sector directly under the purview of the Constitution, the gist of the relevant fundamental rights can be enforced against it through ordinary legislation. This argument can be strengthened by stating that the research paper's recommendations would only result in an increase in the number of writ petitions filed in the Supreme Court and high courts, rendering the court system nearly unworkable.

The state secures fundamental rights, aids in the achievement of directive principles, and expects citizens to perform certain fundamental duties through the Constitution. All of these things can only be done by, through, and for the state, and Article 12 of the Indian Constitution is crucial in defining what constitutes a state. Furthermore, Article 13 of the Indian Constitution specifies which acts of the government are governed by the Constitution, ensuring that the government does not abuse the powers granted by the Constitution.