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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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.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. In the state of Kerala, a law was enacted, which specified that no individual could possess more than 20 acres of land under their own name. A saint named Keshav has contested this law, asserting that it contravenes Part III of the Constitution and infringes upon his fundamental rights. Determine the outcome.
  • a)
    Keshav has the right to possess property exceeding 20 acres.
  • b)
    The law established by the Kerala state infringes upon Part III.
  • c)
    The law enacted by the Kerala state does not contravene Part III.
  • d)
    Keshav cannot assert fundamental rights as he is a saint who has relinquished all his rights.
Correct answer is option 'C'. Can you explain this answer?
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Understanding the Law in Question
The law enacted by the Kerala state limits individual land ownership to 20 acres. This raises the question of whether it infringes upon fundamental rights as outlined in Part III of the Constitution.
Fundamental Rights and Property Rights
- Article 300A of the Constitution states that no person shall be deprived of their property save by authority of law.
- However, this does not guarantee an unlimited right to property; the state has the power to regulate property ownership for the greater public good.
Constitutional Validity of the Law
- The law established by the Kerala state is a legal measure aimed at preventing land monopolization and promoting equitable distribution of land.
- Such laws are generally upheld as they fall within the powers granted to the state under the Constitution, especially when they aim to achieve social justice.
Implications for Keshav
- Keshav’s assertion that the law infringes upon his fundamental rights lacks a strong basis, as the law is a valid exercise of state power.
- Keshav, despite being a saint, is not exempt from the laws of the land, and his property rights can be regulated as per legal provisions.
Conclusion
- Therefore, the law enacted by the Kerala state does not contravene Part III of the Constitution.
- Keshav cannot claim a fundamental right to possess property exceeding 20 acres under this legal framework.
Thus, the correct answer is option 'C': The law enacted by the Kerala state does not contravene Part III.
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Since Keshav cannot assert that property rights are a fundamental right, Kerala's law is legitimate. Property rights are just legal rights, not basic rights protected by Part III of the Constitution against the government.
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Read the information given below carefully and answer the following question.The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The term state, under Article 12 of the Constitution of India, 1950, specifies that all the authorities which are functioning within or outside the territory of India will be considered to be the state under Part III of the Constitution. This definition is not exhaustive but inclusive. The authorities which are included in Article 12 are: The government and Parliament of India, the state government and the legislature of each state, all local authorities (municipalities, District Boards, Panchayats, Improvement Trust, Mining Settlement Boards, etc.) and other authorities within the territory of India or under the control of the Government of India.Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.For the purpose of wider application of fundamental rights, state must be defined liberally, but not for other purposes. Therefore, an employee of the public corporation may challenge the violation of his fundamental by the corporation, but for that reason he does not become a state employee and cannot seek the protection.Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that all laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void and that the state shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include laws passed or made by legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state. Therefore, it is generally assumed that fundamental rights are available only against the state which includes the actions of the state and against the officials of the state. Property right is a recognised right under Article 300A of the Constitution.The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word retrospective means intending to take effect from the past date. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.Q.The state of Kerala made a law stating that no individual can own more than 20 acres of land in his own name. One saint named Keshav challenged it stating that it is violative of Part III of the Constitution and breaches his fundamental rights. Decide.

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.

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.In 1949, the Indian Parliament passed a rule guaranteeing reservations for members of the Kayastha group in nominations to the position of High Court judges. A 1948 appointment cost the Brahman Praveen his seat. After three years, he filed a lawsuit alleging that a 1949 statute violated his constitutional rights. Decide.

Read the information given below carefully and answer the following question.The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The term state, under Article 12 of the Constitution of India, 1950, specifies that all the authorities which are functioning within or outside the territory of India will be considered to be the state under Part III of the Constitution. This definition is not exhaustive but inclusive. The authorities which are included in Article 12 are: The government and Parliament of India, the state government and the legislature of each state, all local authorities (municipalities, District Boards, Panchayats, Improvement Trust, Mining Settlement Boards, etc.) and other authorities within the territory of India or under the control of the Government of India.Apart from the central, state and local authorities, the authority or institutions which exercise governmental or sovereign powers or functions can be counted under other authorities.For the purpose of wider application of fundamental rights, state must be defined liberally, but not for other purposes. Therefore, an employee of the public corporation may challenge the violation of his fundamental by the corporation, but for that reason he does not become a state employee and cannot seek the protection.Article 13 of the Constitution speaks about laws inconsistent with or in derogation of the fundamental rights. This Article states that all laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void and that the state shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void. In this Article, unless the context otherwise requires, law includes any ordinance, order, by-law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force include laws passed or made by legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. Last but not the least nothing in this Article shall apply to any amendment of this Constitution made under Article 368.Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state. Therefore, it is generally assumed that fundamental rights are available only against the state which includes the actions of the state and against the officials of the state. Property right is a recognised right under Article 300A of the Constitution.The provisions of the Constitution pertaining to fundamental rights have no retrospective effect. The word retrospective means intending to take effect from the past date. All the existing laws which are inconsistent, they will be void after the commencement of the Constitution.Q.The DM of Ramnagaram made a rule that any person who has more than one car in the district shall get tax relief from the state for promoting car production and manufacturing sector. Raj, an aspiring law student, challenged this as being violative of Article 13, stating that the DM cannot make laws. As a judge, decide whether its violative of Article 13.

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.According to Article 12 of the Indian Constitution, which entities are considered the state for the purposes of Part III of the Constitution?

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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.In the state of Kerala, a law was enacted, which specified that no individual could possess more than 20 acres of land under their own name. A saint named Keshav has contested this law, asserting that it contravenes Part III of the Constitution and infringes upon his fundamental rights. Determine the outcome.a)Keshav has the right to possess property exceeding 20 acres.b)The law established by the Kerala state infringes upon Part III.c)The law enacted by the Kerala state does not contravene Part III.d)Keshav cannot assert fundamental rights as he is a saint who has relinquished all his rights.Correct answer is option 'C'. Can you explain this answer?
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.In the state of Kerala, a law was enacted, which specified that no individual could possess more than 20 acres of land under their own name. A saint named Keshav has contested this law, asserting that it contravenes Part III of the Constitution and infringes upon his fundamental rights. Determine the outcome.a)Keshav has the right to possess property exceeding 20 acres.b)The law established by the Kerala state infringes upon Part III.c)The law enacted by the Kerala state does not contravene Part III.d)Keshav cannot assert fundamental rights as he is a saint who has relinquished all his rights.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.In the state of Kerala, a law was enacted, which specified that no individual could possess more than 20 acres of land under their own name. A saint named Keshav has contested this law, asserting that it contravenes Part III of the Constitution and infringes upon his fundamental rights. Determine the outcome.a)Keshav has the right to possess property exceeding 20 acres.b)The law established by the Kerala state infringes upon Part III.c)The law enacted by the Kerala state does not contravene Part III.d)Keshav cannot assert fundamental rights as he is a saint who has relinquished all his rights.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.In the state of Kerala, a law was enacted, which specified that no individual could possess more than 20 acres of land under their own name. A saint named Keshav has contested this law, asserting that it contravenes Part III of the Constitution and infringes upon his fundamental rights. Determine the outcome.a)Keshav has the right to possess property exceeding 20 acres.b)The law established by the Kerala state infringes upon Part III.c)The law enacted by the Kerala state does not contravene Part III.d)Keshav cannot assert fundamental rights as he is a saint who has relinquished all his rights.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.In the state of Kerala, a law was enacted, which specified that no individual could possess more than 20 acres of land under their own name. A saint named Keshav has contested this law, asserting that it contravenes Part III of the Constitution and infringes upon his fundamental rights. Determine the outcome.a)Keshav has the right to possess property exceeding 20 acres.b)The law established by the Kerala state infringes upon Part III.c)The law enacted by the Kerala state does not contravene Part III.d)Keshav cannot assert fundamental rights as he is a saint who has relinquished all his rights.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.In the state of Kerala, a law was enacted, which specified that no individual could possess more than 20 acres of land under their own name. A saint named Keshav has contested this law, asserting that it contravenes Part III of the Constitution and infringes upon his fundamental rights. Determine the outcome.a)Keshav has the right to possess property exceeding 20 acres.b)The law established by the Kerala state infringes upon Part III.c)The law enacted by the Kerala state does not contravene Part III.d)Keshav cannot assert fundamental rights as he is a saint who has relinquished all his rights.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.In the state of Kerala, a law was enacted, which specified that no individual could possess more than 20 acres of land under their own name. A saint named Keshav has contested this law, asserting that it contravenes Part III of the Constitution and infringes upon his fundamental rights. Determine the outcome.a)Keshav has the right to possess property exceeding 20 acres.b)The law established by the Kerala state infringes upon Part III.c)The law enacted by the Kerala state does not contravene Part III.d)Keshav cannot assert fundamental rights as he is a saint who has relinquished all his rights.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.In the state of Kerala, a law was enacted, which specified that no individual could possess more than 20 acres of land under their own name. A saint named Keshav has contested this law, asserting that it contravenes Part III of the Constitution and infringes upon his fundamental rights. Determine the outcome.a)Keshav has the right to possess property exceeding 20 acres.b)The law established by the Kerala state infringes upon Part III.c)The law enacted by the Kerala state does not contravene Part III.d)Keshav cannot assert fundamental rights as he is a saint who has relinquished all his rights.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.In the state of Kerala, a law was enacted, which specified that no individual could possess more than 20 acres of land under their own name. A saint named Keshav has contested this law, asserting that it contravenes Part III of the Constitution and infringes upon his fundamental rights. Determine the outcome.a)Keshav has the right to possess property exceeding 20 acres.b)The law established by the Kerala state infringes upon Part III.c)The law enacted by the Kerala state does not contravene Part III.d)Keshav cannot assert fundamental rights as he is a saint who has relinquished all his rights.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.In the state of Kerala, a law was enacted, which specified that no individual could possess more than 20 acres of land under their own name. A saint named Keshav has contested this law, asserting that it contravenes Part III of the Constitution and infringes upon his fundamental rights. Determine the outcome.a)Keshav has the right to possess property exceeding 20 acres.b)The law established by the Kerala state infringes upon Part III.c)The law enacted by the Kerala state does not contravene Part III.d)Keshav cannot assert fundamental rights as he is a saint who has relinquished all his rights.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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