Day 1 | UPSC MCQ Practice


Consider the following statements regarding the meaning of the state and law which have been mentioned in Part III of the Constitution:

1. Article 12 of the Constitution provides the definition of State.

2. Article 13 provides for the doctrine of judicial review and the definition of law.

3. A constitutional amendment is included in the meaning of law as given under Article 13.

Which of the statements given above is/are correct?

a) 1 only
b) 2 and 3 only
c) 1 and 2 only
d) 1,2 and 3

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  1. Answer: (c)
    The Supreme Court in Shankari Prasad vs. Union of India 1951 case held that the term “law” as given under Article 13(2) includes ordinary legislations but not Constitutional Amendments. Article 13(3) that defines what is “law”, does not include a Constitutional Amendment Act under it. Further, Article 13(4), which was added by the 24th Constitutional Amendment Act 1971, excludes Constitutional Amendments from the purview of the definition of “law’ as used under Article 13(2).