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Passage - 1
Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State". The definition of 'the State' in article 12 being an "inclusive" one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State".
Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty to
take such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression". Article 21 refers to right to life.
Following Constitutional principles are need to be taken into perspective while dealing with questions:
1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.
2. 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.
3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.
4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.
5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.
6. Fundamental right of equality before the law means treating equals equally and unequal's unequally.
7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.
8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named 'Sex Education and Maternity Care' for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex. 
Q. Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a person's fundamental rights. The organs of governance follow the doctrine of separation of powers and each organ is supposed to work within its own sphere. Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers file a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.
  • a)
    No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law.
  • b)
    The court can quash existing law if it violates fundamental rights and can direct Parliament to make a new law.
  • c)
    The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.
  • d)
    None of these.
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
Passage - 1Fundamental rights guaranteed by the Constitution are, in t...
The question asks you to apply the idea of the passage to a given situation. You will have to assimilate the inference and look at the facts of the case and evaluate the answer choices. Correct Answer is (c)
The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law. It's a constitutional mandate that every institution of governance shall work within its own respective sphere. Courts are entrusted with custody and interpretation of laws, they can issue guidelines but cannot direct the legislature to make a law.
Incorrect Answers
None of the other options sets out views that are consistent with those of the author in the passage above.
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Most Upvoted Answer
Passage - 1Fundamental rights guaranteed by the Constitution are, in t...
The question asks you to apply the idea of the passage to a given situation. You will have to assimilate the inference and look at the facts of the case and evaluate the answer choices. Correct Answer is (c)
The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law. It's a constitutional mandate that every institution of governance shall work within its own respective sphere. Courts are entrusted with custody and interpretation of laws, they can issue guidelines but cannot direct the legislature to make a law.
Incorrect Answers
None of the other options sets out views that are consistent with those of the author in the passage above.
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Passage - 1Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State". The definition of the State in article 12 being an "inclusive" one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State".Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty totake such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression". Article 21 refers to right to life.Following Constitutional principles are need to be taken into perspective while dealing with questions:1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.2. 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.3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.6. Fundamental right of equality before the law means treating equals equally and unequals unequally.7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named Sex Education and Maternity Care for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex.Q.Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a persons fundamental rights. The organs of governance follow the doctrine of separation of powers and each organ is supposed to work within its own sphere. Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers file a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.a)No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law.b)The court can quash existing law if it violates fundamental rights and can direct Parliament to make a new law.c)The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.d)None of these.Correct answer is option 'C'. Can you explain this answer?
Question Description
Passage - 1Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State". The definition of the State in article 12 being an "inclusive" one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State".Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty totake such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression". Article 21 refers to right to life.Following Constitutional principles are need to be taken into perspective while dealing with questions:1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.2. 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.3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.6. Fundamental right of equality before the law means treating equals equally and unequals unequally.7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named Sex Education and Maternity Care for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex.Q.Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a persons fundamental rights. The organs of governance follow the doctrine of separation of powers and each organ is supposed to work within its own sphere. Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers file a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.a)No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law.b)The court can quash existing law if it violates fundamental rights and can direct Parliament to make a new law.c)The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.d)None of these.Correct answer is option 'C'. 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 Passage - 1Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State". The definition of the State in article 12 being an "inclusive" one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State".Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty totake such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression". Article 21 refers to right to life.Following Constitutional principles are need to be taken into perspective while dealing with questions:1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.2. 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.3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.6. Fundamental right of equality before the law means treating equals equally and unequals unequally.7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named Sex Education and Maternity Care for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex.Q.Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a persons fundamental rights. The organs of governance follow the doctrine of separation of powers and each organ is supposed to work within its own sphere. Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers file a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.a)No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law.b)The court can quash existing law if it violates fundamental rights and can direct Parliament to make a new law.c)The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.d)None of these.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Passage - 1Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State". The definition of the State in article 12 being an "inclusive" one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State".Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty totake such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression". Article 21 refers to right to life.Following Constitutional principles are need to be taken into perspective while dealing with questions:1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.2. 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.3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.6. Fundamental right of equality before the law means treating equals equally and unequals unequally.7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named Sex Education and Maternity Care for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex.Q.Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a persons fundamental rights. The organs of governance follow the doctrine of separation of powers and each organ is supposed to work within its own sphere. Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers file a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.a)No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law.b)The court can quash existing law if it violates fundamental rights and can direct Parliament to make a new law.c)The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.d)None of these.Correct answer is option 'C'. Can you explain this answer?.
Solutions for Passage - 1Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State". The definition of the State in article 12 being an "inclusive" one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State".Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty totake such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression". Article 21 refers to right to life.Following Constitutional principles are need to be taken into perspective while dealing with questions:1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.2. 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.3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.6. Fundamental right of equality before the law means treating equals equally and unequals unequally.7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named Sex Education and Maternity Care for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex.Q.Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a persons fundamental rights. The organs of governance follow the doctrine of separation of powers and each organ is supposed to work within its own sphere. Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers file a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.a)No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law.b)The court can quash existing law if it violates fundamental rights and can direct Parliament to make a new law.c)The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.d)None of these.Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Passage - 1Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State". The definition of the State in article 12 being an "inclusive" one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State".Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty totake such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression". Article 21 refers to right to life.Following Constitutional principles are need to be taken into perspective while dealing with questions:1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.2. 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.3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.6. Fundamental right of equality before the law means treating equals equally and unequals unequally.7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named Sex Education and Maternity Care for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex.Q.Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a persons fundamental rights. The organs of governance follow the doctrine of separation of powers and each organ is supposed to work within its own sphere. Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers file a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.a)No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law.b)The court can quash existing law if it violates fundamental rights and can direct Parliament to make a new law.c)The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.d)None of these.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Passage - 1Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State". The definition of the State in article 12 being an "inclusive" one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State".Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty totake such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression". Article 21 refers to right to life.Following Constitutional principles are need to be taken into perspective while dealing with questions:1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.2. 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.3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.6. Fundamental right of equality before the law means treating equals equally and unequals unequally.7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named Sex Education and Maternity Care for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex.Q.Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a persons fundamental rights. The organs of governance follow the doctrine of separation of powers and each organ is supposed to work within its own sphere. Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers file a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.a)No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law.b)The court can quash existing law if it violates fundamental rights and can direct Parliament to make a new law.c)The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.d)None of these.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Passage - 1Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State". The definition of the State in article 12 being an "inclusive" one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State".Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty totake such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression". Article 21 refers to right to life.Following Constitutional principles are need to be taken into perspective while dealing with questions:1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.2. 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.3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.6. Fundamental right of equality before the law means treating equals equally and unequals unequally.7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named Sex Education and Maternity Care for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex.Q.Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a persons fundamental rights. The organs of governance follow the doctrine of separation of powers and each organ is supposed to work within its own sphere. Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers file a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.a)No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law.b)The court can quash existing law if it violates fundamental rights and can direct Parliament to make a new law.c)The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.d)None of these.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Passage - 1Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State". The definition of the State in article 12 being an "inclusive" one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State".Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty totake such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression". Article 21 refers to right to life.Following Constitutional principles are need to be taken into perspective while dealing with questions:1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.2. 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.3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.6. Fundamental right of equality before the law means treating equals equally and unequals unequally.7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named Sex Education and Maternity Care for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex.Q.Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a persons fundamental rights. The organs of governance follow the doctrine of separation of powers and each organ is supposed to work within its own sphere. Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers file a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.a)No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law.b)The court can quash existing law if it violates fundamental rights and can direct Parliament to make a new law.c)The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.d)None of these.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Passage - 1Fundamental rights guaranteed by the Constitution are, in the absence of specific constitutional provisions, mainly enforceable against "the State". The definition of the State in article 12 being an "inclusive" one, courts have ruled that where there is pervasive or predominant governmental control or significant involvement in its activity, such bodies, entities and organizations fall within the definition of "the State".Article 14 is one of the most important Articles of the Indian constitution and it is also regarded as part of the golden triangle of the Constitution along with Article 19 and 21 .In India, this right is very important because there has been a widespread socio-economic difference which has been in existence from a long time. People have been discriminated on the basis of their gender or the religion they follow, therefore Article 14 was included in the Constitution to remove such inequalities and bring all the people under the equal protection of the law. Another important point about this Article is that it not only imposes a duty on the State to abstain from discriminating people but it also puts a positive duty totake such action by which the inequalities can be bridged between the people. Article 19(1)(a) refers to "freedom of speech and expression". Article 21 refers to right to life.Following Constitutional principles are need to be taken into perspective while dealing with questions:1. Fundamental rights shall be made applicable only to the legislative or administrative actions of the state and not the private actions.2. 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.3. State means Parliament of India, State Legislatures, Government of India, State Governments and local authorities wherein the Government exercises voting right or right to appoint the management committee.4. State shall provide and ensure fundamental right to free and compulsory education to all children of the age of six to fourteen years.5. State shall not discriminate against any citizen on grounds only of sex, religion and place of birth.6. Fundamental right of equality before the law means treating equals equally and unequals unequally.7. Any law or administrative action of the state which takes away or abridges fundamental right guaranteed to the citizen, to the extent of contravention, shall be void.8. Kavita Madhukar, daughter of famous freedom fighter Late Raghu Madhukar, runs a chain of private unaided schools in the State of Madhya Bharat. Madhukar Vidyalaya introduces a new compulsory subject in the curriculum named Sex Education and Maternity Care for all the girls above the age of 11 years. Child rights activist, Veena Dave challenges the new curriculum as violative of fundamental right of compulsory education and discriminates on basis of sex.Q.Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a persons fundamental rights. The organs of governance follow the doctrine of separation of powers and each organ is supposed to work within its own sphere. Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers file a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.a)No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law.b)The court can quash existing law if it violates fundamental rights and can direct Parliament to make a new law.c)The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.d)None of these.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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