Which one of the following statements is incorrect as per the Constitution of India

(A) The definition of 'State' under Article 12 of the Constitution includes the Government and legislature of each of the States

(B) Article 13(2) of the Constitution prevents the State from making law which takes away or abridges the fundamental rights

(C) Under Article 13(1) of the Constitution, any law inconsistent with the fundamental rights shall become void and hence dead for all times to come

(D) In Basheshar Nath v. CIT (1959), the Supreme Court held that the fundamental rights cannot be waived.