Article 12 and 13 of the Constitution of India defining State and Law

Article 121 defines the State which includes:

a. the Government and Parliament of India and
b. the Government and the Legislature of each of the States and
c. of local or other authorities within the territory of India or under the control
of the Government of India.
Article 12 thus not only includes executive and the legislature at the Central
government level and at state government level, but also local/other authorities
like municipalities, co-operative society (if State is involved in their activities re
management or fund, etc.), Universities either getting affiliation or grant from the
state. Herein, these bodies (local/other) are not sovereign, but we can get our
Fundamental Rights enforced against these authorities.
Definition of Law under Article 13:
The purpose of this definition of law is to ensure supremacy of the Indian
Constitution regarding the following:

Temporary laws like Ordinances, as well as permanent laws.

Statutory instruments in the nature of delegated legislations like
order (though, order may be judicial as well), by-law, rule, regulation,
notification having the force of law.

Non-legislative sources of law, like custom/usage having the force of

law in the territory of India.

Article 132 talks about the concept of law applicable in India and its validity in
accordance with Indian Constitution. It provides that a law should not infringe or
1

12. Definition. - In this part, unless the context otherwise requires, the State includes the Government and
Parliament of India and the Government and the Legislature of each of the States and all local or other
authorities within the territory of India or under the control of the Government of India
2
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

clash with the notions of Part III of the Indian Constitution, i.e. Fundamental
Rights. Further, the Fundamental Rights should be broadly interpreted to test the
validity of laws, whenever there is a dispute regarding the same in the court of
law (M/S Delhi Airtech Pvt. Ltd v State of UP and Another decided on 18.08.2011
by Supreme Court of India). The types of laws covered under Article 13 are as
follows:
a. Laws passed by the legislature or other competent authority before the
commencement of the Constitution, i.e. 26.01.1950
b. Laws passed by the Legislature (i.e. Parliament of India and Legislative
Assembly or Legislative Council of a particular state) after the
commencement of the Constitution of India, i.e. 26.01.1950
c. Any ordinance, order, bye law, rule, regulation, notification, custom or
usages having the force of law in the territory of India.
Though, this definition excludes the Constitutional Amendments for the
purpose of challenging them on the touchstone of Fundamental Rights and
not otherwise they are very much part of Indian legal system.
Force of Law:
According to this concept of force of law, if a notification or order made by
Government is to have the force of law, it must consist of:

a rule or body of rules

regulating the course of conduct of a person or persons living in the

community and

enforceable by judicial or other processes created for the purpose.

[as decided in Jayantilal Amrit Lal Shodhan v F.N. Rana And Others on 5
November, 1963, Citations: 1964 AIR 648: 1964 SCR (5) 294]

Meaning of the words used in definition of law under A. 13(3):

Ordinance means:

the collection of rules imposed by authority

Order:

A decision or direction of a court or judge (entered on the court record but

not included in the final judgment)
An authoritative indication to be obeyed; a command or direction.

By-law means:

a law or rule governing the internal affairs of an organization or

a secondary law.

Rule means:

A court order limited in application to a specific case.

A subordinate regulation governing a particular matter.

Regulation means:

A governmental order having the force of law.

Notification means:

A formal announcement by government

Custom means:

A common tradition or usage so long established that it has the force or

validity of law.

Usage means:

A customary way of doing something; a custom or practice.

Habitual or customary use; long-continued practice.

Note: It is detailed paper and you do not need to write in this great detail. It is for
your understanding. While defining law you do not need to refer to Article 12.
Write the answers in your own words and you can come to faculty tomorrow or
day after in first half preferably during 9.30 am - 1 pm.
For your information: Minerva Mills case talks about the relation between
Fundamental Rights and DPSPs.

Maneka Gandhis case talks about mutual inclusiveness between Articles 14 and
19.