Question Description
Directions: Read the following passage and answer 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.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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.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.[Extracted, with edits and revisions, from Articles 12 and 13 as the basis of Fundamental Right, blog by Ipleaders]Q.To promote the vehicle manufacturing and production industry, the DM of Ramnagaram issued a regulation stating that everyone in the district with more than one car is eligible for tax reduction from the state. Raj, a prospective law student, contested this on the grounds that it violated Article 13 and that the DM was not authorized to enact laws. Determine whether it violates Article 13 in your capacity as a judge.a)No, the rule implemented by the DM does not infringe upon any rights as it contributes to economic growth.b)Yes, the DMs rule is in violation due to its arbitrary nature.c)No, the DM is well within his jurisdiction to establish rules.d)Yes, and the DM should face suspension for introducing such a misguided rule.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 Directions: Read the following passage and answer 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.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.[Extracted, with edits and revisions, from Articles 12 and 13 as the basis of Fundamental Right, blog by Ipleaders]Q.To promote the vehicle manufacturing and production industry, the DM of Ramnagaram issued a regulation stating that everyone in the district with more than one car is eligible for tax reduction from the state. Raj, a prospective law student, contested this on the grounds that it violated Article 13 and that the DM was not authorized to enact laws. Determine whether it violates Article 13 in your capacity as a judge.a)No, the rule implemented by the DM does not infringe upon any rights as it contributes to economic growth.b)Yes, the DMs rule is in violation due to its arbitrary nature.c)No, the DM is well within his jurisdiction to establish rules.d)Yes, and the DM should face suspension for introducing such a misguided rule.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 Directions: Read the following passage and answer 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.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.[Extracted, with edits and revisions, from Articles 12 and 13 as the basis of Fundamental Right, blog by Ipleaders]Q.To promote the vehicle manufacturing and production industry, the DM of Ramnagaram issued a regulation stating that everyone in the district with more than one car is eligible for tax reduction from the state. Raj, a prospective law student, contested this on the grounds that it violated Article 13 and that the DM was not authorized to enact laws. Determine whether it violates Article 13 in your capacity as a judge.a)No, the rule implemented by the DM does not infringe upon any rights as it contributes to economic growth.b)Yes, the DMs rule is in violation due to its arbitrary nature.c)No, the DM is well within his jurisdiction to establish rules.d)Yes, and the DM should face suspension for introducing such a misguided rule.Correct answer is option 'C'. Can you explain this answer?.

Solutions for Directions: Read the following passage and answer 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.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.[Extracted, with edits and revisions, from Articles 12 and 13 as the basis of Fundamental Right, blog by Ipleaders]Q.To promote the vehicle manufacturing and production industry, the DM of Ramnagaram issued a regulation stating that everyone in the district with more than one car is eligible for tax reduction from the state. Raj, a prospective law student, contested this on the grounds that it violated Article 13 and that the DM was not authorized to enact laws. Determine whether it violates Article 13 in your capacity as a judge.a)No, the rule implemented by the DM does not infringe upon any rights as it contributes to economic growth.b)Yes, the DMs rule is in violation due to its arbitrary nature.c)No, the DM is well within his jurisdiction to establish rules.d)Yes, and the DM should face suspension for introducing such a misguided rule.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 Directions: Read the following passage and answer 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.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.[Extracted, with edits and revisions, from Articles 12 and 13 as the basis of Fundamental Right, blog by Ipleaders]Q.To promote the vehicle manufacturing and production industry, the DM of Ramnagaram issued a regulation stating that everyone in the district with more than one car is eligible for tax reduction from the state. Raj, a prospective law student, contested this on the grounds that it violated Article 13 and that the DM was not authorized to enact laws. Determine whether it violates Article 13 in your capacity as a judge.a)No, the rule implemented by the DM does not infringe upon any rights as it contributes to economic growth.b)Yes, the DMs rule is in violation due to its arbitrary nature.c)No, the DM is well within his jurisdiction to establish rules.d)Yes, and the DM should face suspension for introducing such a misguided rule.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the following passage and answer 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.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.[Extracted, with edits and revisions, from Articles 12 and 13 as the basis of Fundamental Right, blog by Ipleaders]Q.To promote the vehicle manufacturing and production industry, the DM of Ramnagaram issued a regulation stating that everyone in the district with more than one car is eligible for tax reduction from the state. Raj, a prospective law student, contested this on the grounds that it violated Article 13 and that the DM was not authorized to enact laws. Determine whether it violates Article 13 in your capacity as a judge.a)No, the rule implemented by the DM does not infringe upon any rights as it contributes to economic growth.b)Yes, the DMs rule is in violation due to its arbitrary nature.c)No, the DM is well within his jurisdiction to establish rules.d)Yes, and the DM should face suspension for introducing such a misguided rule.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer 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.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.[Extracted, with edits and revisions, from Articles 12 and 13 as the basis of Fundamental Right, blog by Ipleaders]Q.To promote the vehicle manufacturing and production industry, the DM of Ramnagaram issued a regulation stating that everyone in the district with more than one car is eligible for tax reduction from the state. Raj, a prospective law student, contested this on the grounds that it violated Article 13 and that the DM was not authorized to enact laws. Determine whether it violates Article 13 in your capacity as a judge.a)No, the rule implemented by the DM does not infringe upon any rights as it contributes to economic growth.b)Yes, the DMs rule is in violation due to its arbitrary nature.c)No, the DM is well within his jurisdiction to establish rules.d)Yes, and the DM should face suspension for introducing such a misguided rule.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer 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.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.[Extracted, with edits and revisions, from Articles 12 and 13 as the basis of Fundamental Right, blog by Ipleaders]Q.To promote the vehicle manufacturing and production industry, the DM of Ramnagaram issued a regulation stating that everyone in the district with more than one car is eligible for tax reduction from the state. Raj, a prospective law student, contested this on the grounds that it violated Article 13 and that the DM was not authorized to enact laws. Determine whether it violates Article 13 in your capacity as a judge.a)No, the rule implemented by the DM does not infringe upon any rights as it contributes to economic growth.b)Yes, the DMs rule is in violation due to its arbitrary nature.c)No, the DM is well within his jurisdiction to establish rules.d)Yes, and the DM should face suspension for introducing such a misguided rule.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the following passage and answer 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.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.[Extracted, with edits and revisions, from Articles 12 and 13 as the basis of Fundamental Right, blog by Ipleaders]Q.To promote the vehicle manufacturing and production industry, the DM of Ramnagaram issued a regulation stating that everyone in the district with more than one car is eligible for tax reduction from the state. Raj, a prospective law student, contested this on the grounds that it violated Article 13 and that the DM was not authorized to enact laws. Determine whether it violates Article 13 in your capacity as a judge.a)No, the rule implemented by the DM does not infringe upon any rights as it contributes to economic growth.b)Yes, the DMs rule is in violation due to its arbitrary nature.c)No, the DM is well within his jurisdiction to establish rules.d)Yes, and the DM should face suspension for introducing such a misguided rule.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.