CLAT Exam  >  CLAT Questions  >  Passage - 1Fundamental rights guaranteed by t... Start Learning for Free
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. If Madhukar Vidyalaya would have been an aided chain of schools, whether the challenge filed by Mrs. Veena Dave could be upheld by a court of law?
  • a)
    Yes, in case of being aided institution the activities of private schools are deemed to be actions of the state.
  • b)
    No, fundamental rights are enforceable only against the legislative or administrative actions of the state and not against the private parties even if they are aided.
  • c)
    No, as the change in curriculum does neither violate right of equality nor discriminate on the basis of gender.
  • d)
    Yes, as the new curriculum not only violates the fundamental right to equality but also the fundamental duty to develop scientific temper.
Correct answer is option 'B'. 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 (b)
Definition of State is exhaustive. Financial aid granted to private persons does not render the educational institutions to be state for the purpose of enforcement of fundamental rights.
Incorrect Answers
None of the other options sets out views that are consistent with those of the author in the passage above.
View all questions of this test
Most Upvoted Answer
Passage - 1Fundamental rights guaranteed by the Constitution are, in t...
Explanation of the Answer: Option B
The challenge filed by Mrs. Veena Dave could not be upheld by a court of law for the following reasons:
Fundamental Rights and Their Applicability
- Fundamental rights in India, as guaranteed by the Constitution, are primarily enforceable against the "State."
- The term "State" includes the Government of India, State Governments, and local authorities, but does not extend to private entities or individuals unless they are deemed to be acting as an instrument of the State.
Status of Aided vs. Unaided Institutions
- If Madhukar Vidyalaya were an unaided institution, it operates independently of state control.
- However, even if the institution were aided, the actions of a private school do not automatically become state actions simply because they receive government funding.
Discrimination and Rights Violations
- The introduction of a curriculum subject, such as Sex Education and Maternity Care, does not inherently violate the right to equality or discriminate based on gender.
- The curriculum can be viewed as an educational initiative rather than a discriminatory act, as it seeks to inform and educate rather than restrict.
Conclusion
- Therefore, the correct response is Option B: "No, fundamental rights are enforceable only against the legislative or administrative actions of the State and not against private parties even if they are aided."
- This highlights the distinction between private and public entities in the context of fundamental rights enforcement.
Attention CLAT Students!
To make sure you are not studying endlessly, EduRev has designed CLAT study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in CLAT.
Explore Courses for CLAT exam

Similar CLAT Doubts

Top Courses for CLAT

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.If Madhukar Vidyalaya would have been an aided chain of schools, whether the challenge filed by Mrs. Veena Dave could be upheld by a court of law?a)Yes, in case of being aided institution the activities of private schools are deemed to be actions of the state.b)No, fundamental rights are enforceable only against the legislative or administrative actions of the state and not against the private parties even if they are aided.c)No, as the change in curriculum does neither violate right of equality nor discriminate on the basis of gender.d)Yes, as the new curriculum not only violates the fundamental right to equality but also the fundamental duty to develop scientific temper.Correct answer is option 'B'. 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.If Madhukar Vidyalaya would have been an aided chain of schools, whether the challenge filed by Mrs. Veena Dave could be upheld by a court of law?a)Yes, in case of being aided institution the activities of private schools are deemed to be actions of the state.b)No, fundamental rights are enforceable only against the legislative or administrative actions of the state and not against the private parties even if they are aided.c)No, as the change in curriculum does neither violate right of equality nor discriminate on the basis of gender.d)Yes, as the new curriculum not only violates the fundamental right to equality but also the fundamental duty to develop scientific temper.Correct answer is option 'B'. 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.If Madhukar Vidyalaya would have been an aided chain of schools, whether the challenge filed by Mrs. Veena Dave could be upheld by a court of law?a)Yes, in case of being aided institution the activities of private schools are deemed to be actions of the state.b)No, fundamental rights are enforceable only against the legislative or administrative actions of the state and not against the private parties even if they are aided.c)No, as the change in curriculum does neither violate right of equality nor discriminate on the basis of gender.d)Yes, as the new curriculum not only violates the fundamental right to equality but also the fundamental duty to develop scientific temper.Correct answer is option 'B'. 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.If Madhukar Vidyalaya would have been an aided chain of schools, whether the challenge filed by Mrs. Veena Dave could be upheld by a court of law?a)Yes, in case of being aided institution the activities of private schools are deemed to be actions of the state.b)No, fundamental rights are enforceable only against the legislative or administrative actions of the state and not against the private parties even if they are aided.c)No, as the change in curriculum does neither violate right of equality nor discriminate on the basis of gender.d)Yes, as the new curriculum not only violates the fundamental right to equality but also the fundamental duty to develop scientific temper.Correct answer is option 'B'. 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.If Madhukar Vidyalaya would have been an aided chain of schools, whether the challenge filed by Mrs. Veena Dave could be upheld by a court of law?a)Yes, in case of being aided institution the activities of private schools are deemed to be actions of the state.b)No, fundamental rights are enforceable only against the legislative or administrative actions of the state and not against the private parties even if they are aided.c)No, as the change in curriculum does neither violate right of equality nor discriminate on the basis of gender.d)Yes, as the new curriculum not only violates the fundamental right to equality but also the fundamental duty to develop scientific temper.Correct answer is option 'B'. 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.If Madhukar Vidyalaya would have been an aided chain of schools, whether the challenge filed by Mrs. Veena Dave could be upheld by a court of law?a)Yes, in case of being aided institution the activities of private schools are deemed to be actions of the state.b)No, fundamental rights are enforceable only against the legislative or administrative actions of the state and not against the private parties even if they are aided.c)No, as the change in curriculum does neither violate right of equality nor discriminate on the basis of gender.d)Yes, as the new curriculum not only violates the fundamental right to equality but also the fundamental duty to develop scientific temper.Correct answer is option 'B'. 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.If Madhukar Vidyalaya would have been an aided chain of schools, whether the challenge filed by Mrs. Veena Dave could be upheld by a court of law?a)Yes, in case of being aided institution the activities of private schools are deemed to be actions of the state.b)No, fundamental rights are enforceable only against the legislative or administrative actions of the state and not against the private parties even if they are aided.c)No, as the change in curriculum does neither violate right of equality nor discriminate on the basis of gender.d)Yes, as the new curriculum not only violates the fundamental right to equality but also the fundamental duty to develop scientific temper.Correct answer is option 'B'. 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.If Madhukar Vidyalaya would have been an aided chain of schools, whether the challenge filed by Mrs. Veena Dave could be upheld by a court of law?a)Yes, in case of being aided institution the activities of private schools are deemed to be actions of the state.b)No, fundamental rights are enforceable only against the legislative or administrative actions of the state and not against the private parties even if they are aided.c)No, as the change in curriculum does neither violate right of equality nor discriminate on the basis of gender.d)Yes, as the new curriculum not only violates the fundamental right to equality but also the fundamental duty to develop scientific temper.Correct answer is option 'B'. 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.If Madhukar Vidyalaya would have been an aided chain of schools, whether the challenge filed by Mrs. Veena Dave could be upheld by a court of law?a)Yes, in case of being aided institution the activities of private schools are deemed to be actions of the state.b)No, fundamental rights are enforceable only against the legislative or administrative actions of the state and not against the private parties even if they are aided.c)No, as the change in curriculum does neither violate right of equality nor discriminate on the basis of gender.d)Yes, as the new curriculum not only violates the fundamental right to equality but also the fundamental duty to develop scientific temper.Correct answer is option 'B'. 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.If Madhukar Vidyalaya would have been an aided chain of schools, whether the challenge filed by Mrs. Veena Dave could be upheld by a court of law?a)Yes, in case of being aided institution the activities of private schools are deemed to be actions of the state.b)No, fundamental rights are enforceable only against the legislative or administrative actions of the state and not against the private parties even if they are aided.c)No, as the change in curriculum does neither violate right of equality nor discriminate on the basis of gender.d)Yes, as the new curriculum not only violates the fundamental right to equality but also the fundamental duty to develop scientific temper.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
Explore Courses for CLAT exam

Top Courses for CLAT

Explore Courses
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev