You can prepare effectively for CLAT Daily Passage Practice for CLAT with this dedicated MCQ Practice Test (available with solutions) on the important topic of "Daily Passage Test for CLAT - May 3". These 5 questions have been designed by the experts with the latest curriculum of CLAT 2026, to help you master the concept.
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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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.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. 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.
Detailed Solution: Question 1
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.
Detailed Solution: Question 2
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.
Detailed Solution: Question 3
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. Which of the following statements about fundamental rights in India is accurate?
Detailed Solution: Question 4
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?
Detailed Solution: Question 5