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Read the information given below carefully and answer the following question.
''The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.''
The term 'state', under Article 12 of the Constitution of India, 1950, specifies that all the authorities which are functioning within or outside the territory of India will be considered to be 'the state' under Part III of the Constitution. This definition is not exhaustive but inclusive. The authorities which are included in Article 12 are: The government and Parliament of India, the state government and the legislature of each state, all local authorities (municipalities, District Boards, Panchayats, Improvement Trust, Mining Settlement Boards, etc.) and other authorities within the territory of India or under the control of the Government of India.
Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.
Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.
For the purpose of wider application of fundamental rights, state must be defined liberally, but not for other purposes. Therefore, an employee of the public corporation may challenge the violation of his fundamental by the corporation, but for that reason he does not become a state employee and cannot seek the protection.
Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that 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 and that 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. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include 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. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.
Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that 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 and that 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. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include 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. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.
Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state. Therefore, it is generally assumed that fundamental rights are available only against the state which includes the actions of the state and against the officials of the state. Property right is a recognised right under Article 300A of the Constitution.
The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word 'retrospective' means 'intending to take effect from the past date'. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.
The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word 'retrospective' means 'intending to take effect from the past date'. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.
Q. The Parliament of India made a law in 1949 stating that all those who belong to the Kayastha community shall be given reservation in appointments for the post of HC judges. Praveen, a Brahman, had lost his seat to an appointment in 1948. After three years, he challenged this law passed in 1949 being in violation of his fundamental rights. Decide.
- a)Praveen is not entitled to claim fundamental rights.
- b)Praveen is entitled to claim fundamental rights as it is his right.
- c)Praveen is not entitled as he should have challenged it in 1948 itself.
- d)Praveen is entitled to challenge as he can claim his fundamental rights any time.
Correct answer is option 'A'. Can you explain this answer?
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Verified Answer
Read the information given below carefully and answer the following qu...
As per the passage, Article 13 clearly states that fundamental rights cannot be invoked retrospectively. The Constitution came into force in 1950; henceforth, Praveen has no legal recourse to enforce his fundamental rights on the grounds of discrimination, which occurred in 1948.
Most Upvoted Answer
Read the information given below carefully and answer the following qu...
Fundamental Rights and State Actions
Praveen's case revolves around the claim of fundamental rights against a law made by the Parliament of India. According to the principles established under the Constitution, particularly Article 13 and Article 12, the following points clarify why Praveen is not entitled to claim his fundamental rights:
1. Nature of Fundamental Rights
- Fundamental rights can only be claimed against the state.
- The law in question, passed in 1949, pertains to governmental action regarding reservations, which is within the state's jurisdiction.
2. Timing of the Challenge
- Praveen's challenge is based on a law that was enacted after he lost his appointment in 1948.
- The provisions of the Constitution regarding fundamental rights do not have retrospective effect, meaning they do not apply to actions taken before the Constitution came into force.
3. Lack of Immediate Harm
- Since the law was passed in 1949, Praveen could not claim a violation of his rights at that time.
- His loss of the seat in 1948 does not relate to any law made after that date, making his claim baseless.
Conclusion
Given these considerations, Praveen is not entitled to claim fundamental rights in this context. His challenge does not align with the constitutional principles, leading to the conclusion that option 'A' is correct: Praveen is not entitled to claim fundamental rights.
Praveen's case revolves around the claim of fundamental rights against a law made by the Parliament of India. According to the principles established under the Constitution, particularly Article 13 and Article 12, the following points clarify why Praveen is not entitled to claim his fundamental rights:
1. Nature of Fundamental Rights
- Fundamental rights can only be claimed against the state.
- The law in question, passed in 1949, pertains to governmental action regarding reservations, which is within the state's jurisdiction.
2. Timing of the Challenge
- Praveen's challenge is based on a law that was enacted after he lost his appointment in 1948.
- The provisions of the Constitution regarding fundamental rights do not have retrospective effect, meaning they do not apply to actions taken before the Constitution came into force.
3. Lack of Immediate Harm
- Since the law was passed in 1949, Praveen could not claim a violation of his rights at that time.
- His loss of the seat in 1948 does not relate to any law made after that date, making his claim baseless.
Conclusion
Given these considerations, Praveen is not entitled to claim fundamental rights in this context. His challenge does not align with the constitutional principles, leading to the conclusion that option 'A' is correct: Praveen is not entitled to claim fundamental rights.
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Read the information given below carefully and answer the following question.The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The term state, under Article 12 of the Constitution of India, 1950, specifies that all the authorities which are functioning within or outside the territory of India will be considered to be the state under Part III of the Constitution. This definition is not exhaustive but inclusive. The authorities which are included in Article 12 are: The government and Parliament of India, the state government and the legislature of each state, all local authorities (municipalities, District Boards, Panchayats, Improvement Trust, Mining Settlement Boards, etc.) and other authorities within the territory of India or under the control of the Government of India.Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.For the purpose of wider application of fundamental rights, state must be defined liberally, but not for other purposes. Therefore, an employee of the public corporation may challenge the violation of his fundamental by the corporation, but for that reason he does not become a state employee and cannot seek the protection.Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that 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 and that 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. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include 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. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state. Therefore, it is generally assumed that fundamental rights are available only against the state which includes the actions of the state and against the officials of the state. Property right is a recognised right under Article 300A of the Constitution.The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word retrospective means intending to take effect from the past date. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.Q.The Parliament of India made a law in 1949 stating that all those who belong to the Kayastha community shall be given reservation in appointments for the post of HC judges. Praveen, a Brahman, had lost his seat to an appointment in 1948. After three years, he challenged this law passed in 1949 being in violation of his fundamental rights. Decide.a)Praveen is not entitled to claim fundamental rights.b)Praveen is entitled to claim fundamental rights as it is his right.c)Praveen is not entitled as he should have challenged it in 1948 itself.d)Praveen is entitled to challenge as he can claim his fundamental rights any time.Correct answer is option 'A'. Can you explain this answer?
Question Description
Read the information given below carefully and answer the following question.The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The term state, under Article 12 of the Constitution of India, 1950, specifies that all the authorities which are functioning within or outside the territory of India will be considered to be the state under Part III of the Constitution. This definition is not exhaustive but inclusive. The authorities which are included in Article 12 are: The government and Parliament of India, the state government and the legislature of each state, all local authorities (municipalities, District Boards, Panchayats, Improvement Trust, Mining Settlement Boards, etc.) and other authorities within the territory of India or under the control of the Government of India.Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.For the purpose of wider application of fundamental rights, state must be defined liberally, but not for other purposes. Therefore, an employee of the public corporation may challenge the violation of his fundamental by the corporation, but for that reason he does not become a state employee and cannot seek the protection.Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that 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 and that 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. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include 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. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state. Therefore, it is generally assumed that fundamental rights are available only against the state which includes the actions of the state and against the officials of the state. Property right is a recognised right under Article 300A of the Constitution.The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word retrospective means intending to take effect from the past date. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.Q.The Parliament of India made a law in 1949 stating that all those who belong to the Kayastha community shall be given reservation in appointments for the post of HC judges. Praveen, a Brahman, had lost his seat to an appointment in 1948. After three years, he challenged this law passed in 1949 being in violation of his fundamental rights. Decide.a)Praveen is not entitled to claim fundamental rights.b)Praveen is entitled to claim fundamental rights as it is his right.c)Praveen is not entitled as he should have challenged it in 1948 itself.d)Praveen is entitled to challenge as he can claim his fundamental rights any time.Correct answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Read the information given below carefully and answer the following question.The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The term state, under Article 12 of the Constitution of India, 1950, specifies that all the authorities which are functioning within or outside the territory of India will be considered to be the state under Part III of the Constitution. This definition is not exhaustive but inclusive. The authorities which are included in Article 12 are: The government and Parliament of India, the state government and the legislature of each state, all local authorities (municipalities, District Boards, Panchayats, Improvement Trust, Mining Settlement Boards, etc.) and other authorities within the territory of India or under the control of the Government of India.Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.For the purpose of wider application of fundamental rights, state must be defined liberally, but not for other purposes. Therefore, an employee of the public corporation may challenge the violation of his fundamental by the corporation, but for that reason he does not become a state employee and cannot seek the protection.Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that 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 and that 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. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include 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. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state. Therefore, it is generally assumed that fundamental rights are available only against the state which includes the actions of the state and against the officials of the state. Property right is a recognised right under Article 300A of the Constitution.The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word retrospective means intending to take effect from the past date. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.Q.The Parliament of India made a law in 1949 stating that all those who belong to the Kayastha community shall be given reservation in appointments for the post of HC judges. Praveen, a Brahman, had lost his seat to an appointment in 1948. After three years, he challenged this law passed in 1949 being in violation of his fundamental rights. Decide.a)Praveen is not entitled to claim fundamental rights.b)Praveen is entitled to claim fundamental rights as it is his right.c)Praveen is not entitled as he should have challenged it in 1948 itself.d)Praveen is entitled to challenge as he can claim his fundamental rights any time.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Read the information given below carefully and answer the following question.The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The term state, under Article 12 of the Constitution of India, 1950, specifies that all the authorities which are functioning within or outside the territory of India will be considered to be the state under Part III of the Constitution. This definition is not exhaustive but inclusive. The authorities which are included in Article 12 are: The government and Parliament of India, the state government and the legislature of each state, all local authorities (municipalities, District Boards, Panchayats, Improvement Trust, Mining Settlement Boards, etc.) and other authorities within the territory of India or under the control of the Government of India.Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.For the purpose of wider application of fundamental rights, state must be defined liberally, but not for other purposes. Therefore, an employee of the public corporation may challenge the violation of his fundamental by the corporation, but for that reason he does not become a state employee and cannot seek the protection.Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that 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 and that 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. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include 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. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state. Therefore, it is generally assumed that fundamental rights are available only against the state which includes the actions of the state and against the officials of the state. Property right is a recognised right under Article 300A of the Constitution.The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word retrospective means intending to take effect from the past date. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.Q.The Parliament of India made a law in 1949 stating that all those who belong to the Kayastha community shall be given reservation in appointments for the post of HC judges. Praveen, a Brahman, had lost his seat to an appointment in 1948. After three years, he challenged this law passed in 1949 being in violation of his fundamental rights. Decide.a)Praveen is not entitled to claim fundamental rights.b)Praveen is entitled to claim fundamental rights as it is his right.c)Praveen is not entitled as he should have challenged it in 1948 itself.d)Praveen is entitled to challenge as he can claim his fundamental rights any time.Correct answer is option 'A'. Can you explain this answer?.
Read the information given below carefully and answer the following question.The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The term state, under Article 12 of the Constitution of India, 1950, specifies that all the authorities which are functioning within or outside the territory of India will be considered to be the state under Part III of the Constitution. This definition is not exhaustive but inclusive. The authorities which are included in Article 12 are: The government and Parliament of India, the state government and the legislature of each state, all local authorities (municipalities, District Boards, Panchayats, Improvement Trust, Mining Settlement Boards, etc.) and other authorities within the territory of India or under the control of the Government of India.Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.For the purpose of wider application of fundamental rights, state must be defined liberally, but not for other purposes. Therefore, an employee of the public corporation may challenge the violation of his fundamental by the corporation, but for that reason he does not become a state employee and cannot seek the protection.Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that 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 and that 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. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include 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. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state. Therefore, it is generally assumed that fundamental rights are available only against the state which includes the actions of the state and against the officials of the state. Property right is a recognised right under Article 300A of the Constitution.The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word retrospective means intending to take effect from the past date. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.Q.The Parliament of India made a law in 1949 stating that all those who belong to the Kayastha community shall be given reservation in appointments for the post of HC judges. Praveen, a Brahman, had lost his seat to an appointment in 1948. After three years, he challenged this law passed in 1949 being in violation of his fundamental rights. Decide.a)Praveen is not entitled to claim fundamental rights.b)Praveen is entitled to claim fundamental rights as it is his right.c)Praveen is not entitled as he should have challenged it in 1948 itself.d)Praveen is entitled to challenge as he can claim his fundamental rights any time.Correct answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Read the information given below carefully and answer the following question.The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The term state, under Article 12 of the Constitution of India, 1950, specifies that all the authorities which are functioning within or outside the territory of India will be considered to be the state under Part III of the Constitution. This definition is not exhaustive but inclusive. The authorities which are included in Article 12 are: The government and Parliament of India, the state government and the legislature of each state, all local authorities (municipalities, District Boards, Panchayats, Improvement Trust, Mining Settlement Boards, etc.) and other authorities within the territory of India or under the control of the Government of India.Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.For the purpose of wider application of fundamental rights, state must be defined liberally, but not for other purposes. Therefore, an employee of the public corporation may challenge the violation of his fundamental by the corporation, but for that reason he does not become a state employee and cannot seek the protection.Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that 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 and that 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. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include 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. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state. Therefore, it is generally assumed that fundamental rights are available only against the state which includes the actions of the state and against the officials of the state. Property right is a recognised right under Article 300A of the Constitution.The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word retrospective means intending to take effect from the past date. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.Q.The Parliament of India made a law in 1949 stating that all those who belong to the Kayastha community shall be given reservation in appointments for the post of HC judges. Praveen, a Brahman, had lost his seat to an appointment in 1948. After three years, he challenged this law passed in 1949 being in violation of his fundamental rights. Decide.a)Praveen is not entitled to claim fundamental rights.b)Praveen is entitled to claim fundamental rights as it is his right.c)Praveen is not entitled as he should have challenged it in 1948 itself.d)Praveen is entitled to challenge as he can claim his fundamental rights any time.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Read the information given below carefully and answer the following question.The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The term state, under Article 12 of the Constitution of India, 1950, specifies that all the authorities which are functioning within or outside the territory of India will be considered to be the state under Part III of the Constitution. This definition is not exhaustive but inclusive. The authorities which are included in Article 12 are: The government and Parliament of India, the state government and the legislature of each state, all local authorities (municipalities, District Boards, Panchayats, Improvement Trust, Mining Settlement Boards, etc.) and other authorities within the territory of India or under the control of the Government of India.Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.For the purpose of wider application of fundamental rights, state must be defined liberally, but not for other purposes. Therefore, an employee of the public corporation may challenge the violation of his fundamental by the corporation, but for that reason he does not become a state employee and cannot seek the protection.Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that 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 and that 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. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include 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. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state. Therefore, it is generally assumed that fundamental rights are available only against the state which includes the actions of the state and against the officials of the state. Property right is a recognised right under Article 300A of the Constitution.The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word retrospective means intending to take effect from the past date. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.Q.The Parliament of India made a law in 1949 stating that all those who belong to the Kayastha community shall be given reservation in appointments for the post of HC judges. Praveen, a Brahman, had lost his seat to an appointment in 1948. After three years, he challenged this law passed in 1949 being in violation of his fundamental rights. Decide.a)Praveen is not entitled to claim fundamental rights.b)Praveen is entitled to claim fundamental rights as it is his right.c)Praveen is not entitled as he should have challenged it in 1948 itself.d)Praveen is entitled to challenge as he can claim his fundamental rights any time.Correct answer is option 'A'. Can you explain this answer?.
Solutions for Read the information given below carefully and answer the following question.The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The term state, under Article 12 of the Constitution of India, 1950, specifies that all the authorities which are functioning within or outside the territory of India will be considered to be the state under Part III of the Constitution. This definition is not exhaustive but inclusive. The authorities which are included in Article 12 are: The government and Parliament of India, the state government and the legislature of each state, all local authorities (municipalities, District Boards, Panchayats, Improvement Trust, Mining Settlement Boards, etc.) and other authorities within the territory of India or under the control of the Government of India.Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.For the purpose of wider application of fundamental rights, state must be defined liberally, but not for other purposes. Therefore, an employee of the public corporation may challenge the violation of his fundamental by the corporation, but for that reason he does not become a state employee and cannot seek the protection.Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that 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 and that 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. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include 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. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state. Therefore, it is generally assumed that fundamental rights are available only against the state which includes the actions of the state and against the officials of the state. Property right is a recognised right under Article 300A of the Constitution.The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word retrospective means intending to take effect from the past date. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.Q.The Parliament of India made a law in 1949 stating that all those who belong to the Kayastha community shall be given reservation in appointments for the post of HC judges. Praveen, a Brahman, had lost his seat to an appointment in 1948. After three years, he challenged this law passed in 1949 being in violation of his fundamental rights. Decide.a)Praveen is not entitled to claim fundamental rights.b)Praveen is entitled to claim fundamental rights as it is his right.c)Praveen is not entitled as he should have challenged it in 1948 itself.d)Praveen is entitled to challenge as he can claim his fundamental rights any time.Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT.
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Here you can find the meaning of Read the information given below carefully and answer the following question.The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The term state, under Article 12 of the Constitution of India, 1950, specifies that all the authorities which are functioning within or outside the territory of India will be considered to be the state under Part III of the Constitution. This definition is not exhaustive but inclusive. The authorities which are included in Article 12 are: The government and Parliament of India, the state government and the legislature of each state, all local authorities (municipalities, District Boards, Panchayats, Improvement Trust, Mining Settlement Boards, etc.) and other authorities within the territory of India or under the control of the Government of India.Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.For the purpose of wider application of fundamental rights, state must be defined liberally, but not for other purposes. Therefore, an employee of the public corporation may challenge the violation of his fundamental by the corporation, but for that reason he does not become a state employee and cannot seek the protection.Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that 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 and that 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. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include 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. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state. Therefore, it is generally assumed that fundamental rights are available only against the state which includes the actions of the state and against the officials of the state. Property right is a recognised right under Article 300A of the Constitution.The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word retrospective means intending to take effect from the past date. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.Q.The Parliament of India made a law in 1949 stating that all those who belong to the Kayastha community shall be given reservation in appointments for the post of HC judges. Praveen, a Brahman, had lost his seat to an appointment in 1948. After three years, he challenged this law passed in 1949 being in violation of his fundamental rights. Decide.a)Praveen is not entitled to claim fundamental rights.b)Praveen is entitled to claim fundamental rights as it is his right.c)Praveen is not entitled as he should have challenged it in 1948 itself.d)Praveen is entitled to challenge as he can claim his fundamental rights any time.Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
Read the information given below carefully and answer the following question.The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The term state, under Article 12 of the Constitution of India, 1950, specifies that all the authorities which are functioning within or outside the territory of India will be considered to be the state under Part III of the Constitution. This definition is not exhaustive but inclusive. The authorities which are included in Article 12 are: The government and Parliament of India, the state government and the legislature of each state, all local authorities (municipalities, District Boards, Panchayats, Improvement Trust, Mining Settlement Boards, etc.) and other authorities within the territory of India or under the control of the Government of India.Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.For the purpose of wider application of fundamental rights, state must be defined liberally, but not for other purposes. Therefore, an employee of the public corporation may challenge the violation of his fundamental by the corporation, but for that reason he does not become a state employee and cannot seek the protection.Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that 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 and that 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. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include 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. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state. Therefore, it is generally assumed that fundamental rights are available only against the state which includes the actions of the state and against the officials of the state. Property right is a recognised right under Article 300A of the Constitution.The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word retrospective means intending to take effect from the past date. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.Q.The Parliament of India made a law in 1949 stating that all those who belong to the Kayastha community shall be given reservation in appointments for the post of HC judges. Praveen, a Brahman, had lost his seat to an appointment in 1948. After three years, he challenged this law passed in 1949 being in violation of his fundamental rights. Decide.a)Praveen is not entitled to claim fundamental rights.b)Praveen is entitled to claim fundamental rights as it is his right.c)Praveen is not entitled as he should have challenged it in 1948 itself.d)Praveen is entitled to challenge as he can claim his fundamental rights any time.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for Read the information given below carefully and answer the following question.The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The term state, under Article 12 of the Constitution of India, 1950, specifies that all the authorities which are functioning within or outside the territory of India will be considered to be the state under Part III of the Constitution. This definition is not exhaustive but inclusive. The authorities which are included in Article 12 are: The government and Parliament of India, the state government and the legislature of each state, all local authorities (municipalities, District Boards, Panchayats, Improvement Trust, Mining Settlement Boards, etc.) and other authorities within the territory of India or under the control of the Government of India.Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.For the purpose of wider application of fundamental rights, state must be defined liberally, but not for other purposes. Therefore, an employee of the public corporation may challenge the violation of his fundamental by the corporation, but for that reason he does not become a state employee and cannot seek the protection.Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that 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 and that 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. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include 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. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state. Therefore, it is generally assumed that fundamental rights are available only against the state which includes the actions of the state and against the officials of the state. Property right is a recognised right under Article 300A of the Constitution.The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word retrospective means intending to take effect from the past date. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.Q.The Parliament of India made a law in 1949 stating that all those who belong to the Kayastha community shall be given reservation in appointments for the post of HC judges. Praveen, a Brahman, had lost his seat to an appointment in 1948. After three years, he challenged this law passed in 1949 being in violation of his fundamental rights. Decide.a)Praveen is not entitled to claim fundamental rights.b)Praveen is entitled to claim fundamental rights as it is his right.c)Praveen is not entitled as he should have challenged it in 1948 itself.d)Praveen is entitled to challenge as he can claim his fundamental rights any time.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of Read the information given below carefully and answer the following question.The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The term state, under Article 12 of the Constitution of India, 1950, specifies that all the authorities which are functioning within or outside the territory of India will be considered to be the state under Part III of the Constitution. This definition is not exhaustive but inclusive. The authorities which are included in Article 12 are: The government and Parliament of India, the state government and the legislature of each state, all local authorities (municipalities, District Boards, Panchayats, Improvement Trust, Mining Settlement Boards, etc.) and other authorities within the territory of India or under the control of the Government of India.Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.For the purpose of wider application of fundamental rights, state must be defined liberally, but not for other purposes. Therefore, an employee of the public corporation may challenge the violation of his fundamental by the corporation, but for that reason he does not become a state employee and cannot seek the protection.Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that 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 and that 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. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include 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. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state. Therefore, it is generally assumed that fundamental rights are available only against the state which includes the actions of the state and against the officials of the state. Property right is a recognised right under Article 300A of the Constitution.The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word retrospective means intending to take effect from the past date. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.Q.The Parliament of India made a law in 1949 stating that all those who belong to the Kayastha community shall be given reservation in appointments for the post of HC judges. Praveen, a Brahman, had lost his seat to an appointment in 1948. After three years, he challenged this law passed in 1949 being in violation of his fundamental rights. Decide.a)Praveen is not entitled to claim fundamental rights.b)Praveen is entitled to claim fundamental rights as it is his right.c)Praveen is not entitled as he should have challenged it in 1948 itself.d)Praveen is entitled to challenge as he can claim his fundamental rights any time.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Read the information given below carefully and answer the following question.The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The term state, under Article 12 of the Constitution of India, 1950, specifies that all the authorities which are functioning within or outside the territory of India will be considered to be the state under Part III of the Constitution. This definition is not exhaustive but inclusive. The authorities which are included in Article 12 are: The government and Parliament of India, the state government and the legislature of each state, all local authorities (municipalities, District Boards, Panchayats, Improvement Trust, Mining Settlement Boards, etc.) and other authorities within the territory of India or under the control of the Government of India.Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.For the purpose of wider application of fundamental rights, state must be defined liberally, but not for other purposes. Therefore, an employee of the public corporation may challenge the violation of his fundamental by the corporation, but for that reason he does not become a state employee and cannot seek the protection.Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that 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 and that 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. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include 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. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state. Therefore, it is generally assumed that fundamental rights are available only against the state which includes the actions of the state and against the officials of the state. Property right is a recognised right under Article 300A of the Constitution.The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word retrospective means intending to take effect from the past date. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.Q.The Parliament of India made a law in 1949 stating that all those who belong to the Kayastha community shall be given reservation in appointments for the post of HC judges. Praveen, a Brahman, had lost his seat to an appointment in 1948. After three years, he challenged this law passed in 1949 being in violation of his fundamental rights. Decide.a)Praveen is not entitled to claim fundamental rights.b)Praveen is entitled to claim fundamental rights as it is his right.c)Praveen is not entitled as he should have challenged it in 1948 itself.d)Praveen is entitled to challenge as he can claim his fundamental rights any time.Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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