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MCQ Practice Test & Solutions: Daily Passage Test for CLAT - May 3 (5 Questions)

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Test Highlights:

  • - Format: Multiple Choice Questions (MCQ)
  • - Duration: 10 minutes
  • - Number of Questions: 5

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Daily Passage Test for CLAT - May 3 - 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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.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. 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

The DM is considered an authority within the scope of the term 'state' and possesses the authority to establish regulations and local ordinances within the district. The action taken by the DM in providing tax relief to individuals with multiple cars is in conflict with the provisions of Part III of the Constitution. The central issue here pertains to whether the DM possesses the legal authority to formulate rules, rather than the question of the rule's arbitrary nature.

Daily Passage Test for CLAT - May 3 - 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 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

According to the passage, it is evident that Article 13 explicitly stipulates that fundamental rights cannot be applied retroactively. Given that the Constitution was enacted in 1950, Praveen lacks a legal avenue to retroactively enforce his fundamental rights based on the discrimination he experienced in 1948.

Daily Passage Test for CLAT - May 3 - 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. 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

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.

Daily Passage Test for CLAT - May 3 - 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. Which of the following statements about fundamental rights in India is accurate?

Detailed Solution: Question 4

Fundamental rights in India are distinct from other legal rights in that they can be claimed exclusively against the state, including both the actions of the state and its officials. This means that individuals can invoke their fundamental rights when they believe that their rights have been violated by the government, government agencies, or government officials. Fundamental rights serve as a means to protect citizens from potential governmental overreach and ensure the safeguarding of their individual liberties. It's important to note that while fundamental rights apply to the state and its agents, other legal rights can be asserted between individuals in their interactions with one another. This distinction underscores the significance of fundamental rights in the Indian constitutional framework, emphasizing their role in upholding individual freedoms and limiting the authority of the state.

Daily Passage Test for CLAT - May 3 - Question 5

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

Article 12 of the Indian Constitution defines the term 'state' as it is used in Part III of the Constitution, which deals with fundamental rights. This definition is expansive and encompasses various authorities beyond just the central and state governments. As per Article 12, 'the state' includes the government and Parliament of India, the government and legislature of each state, all local authorities (such as municipalities, District Boards, Panchayats, Improvement Trusts, Mining Settlement Boards, etc.), and other authorities within the territory of India or under the control of the Government of India. Additionally, institutions that exercise governmental or sovereign powers are also considered 'the state' for the purposes of fundamental rights. This definition is inclusive and ensures that fundamental rights can be claimed not only against the central and state governments but also against a broader range of governmental authorities.

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