Question

Given below are two statements: one is labelled as Assertion (A) and the other is labelled as Reason (R). Assertion (A): An existing law inconsistent with a fundamental right, though becomes inoperative, from date of commencement of Constitution, is not dead altogether. Reason (R): It is a good law if a question arises for determination of rights and obligations incurred before the commencement of the Constitution. Choose the most appropriate answer.

• A. Both (A) and (R) are correct and (R) is the correct explanation of (A)
• B. Both (A) and (R) are correct but (R) is not the correct explanation of (A)
• C. (A) is correct but (R) is not correct
• D. (A) is not correct but (R) is correct

Hint:

A pre-Constitution law inconsistent with Fundamental Rights becomes inoperative prospectively, but it may still apply to past rights and liabilities.

Answer 1

The Correct Option is A

Concept: Article 13 of the Constitution deals with laws inconsistent with Fundamental Rights. Pre-Constitution laws inconsistent with Fundamental Rights are not completely dead; they become inoperative to the extent of inconsistency.

Step 1: Check Assertion (A).
An existing law inconsistent with Fundamental Rights becomes inoperative after commencement of the Constitution, but it is not completely wiped out for all purposes. \[ A = \text{Correct} \]

Step 2: Check Reason (R).
Such a law may still be relevant for rights and obligations that arose before the commencement of the Constitution. \[ R = \text{Correct} \]

Step 3: Check explanation.
Reason explains why the inconsistent law is not dead altogether. It may still operate for past transactions. Therefore, both Assertion and Reason are correct and Reason is the correct explanation.