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PART III
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FUNDAMENTAL RIGHTS
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General
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12. Definition.—In this Part, unless the context otherwise requires, “the
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State” includes the Government and Parliament of India and the Government
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and the Legislature of each of the States and all local or other authorities wit
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hin
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the territory of India or under the control of the Government of India.
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13. Laws inconsistent with or in derogation of the fundamental
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rights.—(1) All laws in force in the territory of India immediately before the
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commencement of this Constitution, in so far as they are inconsistent with the
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provisions of this Part, shall, to the extent of such inconsistency, be void.
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(2) The State shall not make any law which takes away or abridges the
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rights conferred by this Part and any law made in contravention of this clause
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shall, to the extent of the contravention, be void.
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(3) In this article, unless the context otherwise requires,—
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(a) “law” includes any Ordinance, order, bye-law, rule, regulation,
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notification, custom or usage having in the territory of India the force of
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law;
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(b) “laws in force” includes laws passed or made by a Legislature
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or other competent authority in the territory of India before the
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commencement of this Constitution and not previously repealed,
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notwithstanding that any such law or any part thereof may not be then in
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operation either at all or in particular areas.
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(4) Nothing in this article shall apply to any amendment of this
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Constitution made under article 368.
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Right to Equality
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14. Equality before law.—The State shall not deny to any person
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equality before the law or the equal protection of the laws within the territory
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of
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India.
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15. Prohibition of discrimination on grounds of religion, race, caste,
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sex or place of birth.—(1) The State shall not discriminate against any citize
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n
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on grounds only of religion, race, caste, sex, place of birth or any of them.
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(2) No citizen shall, on grounds only of religion, race, caste, sex, place of
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birth or any of them, be subject to any disability, liability, restriction or
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condition with regard to—
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(a) access to shops, public restaurants, hotels and places of public
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entertainment; or
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6
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7
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THE CONSTITUTION OF INDIA
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(b) the use of wells, tanks, bathing ghats, roads and places of
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public resort maintained wholly or partly out of State funds or dedicated
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to the use of the general public.
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(3) Nothing in this article shall prevent the State from making any
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special provision for women and children.
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(4) Nothing in this article or in clause (2) of article 29 shall prevent the
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State from making any special provision for the advancement of any socially
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and educationally backward classes of citizens or for the Scheduled Castes and
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the Scheduled Tribes.
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16. Equality of opportunity in matters of public employment.—(1)
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There shall be equality of opportunity for all citizens in matters relating to
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employment or appointment to any office under the State.
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(2) No citizen shall, on grounds only of religion, race, caste, sex, descent,
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place of birth, residence or any of them, be ineligible for, or discriminated ag
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ainst
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in respect of, any employment or office under the State.
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(3) Nothing in this article shall prevent Parliament from making any law
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prescribing, in regard to a class or classes of employment or appointment to an
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office under the Government of, or any local or other authority within, a State
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or Union territory, any requirement as to residence within that State or Union
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territory prior to such employment or appointment.
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(4) Nothing in this article shall prevent the State from making any
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provision for the reservation of appointments or posts in favour of any
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backward class of citizens which, in the opinion of the State, is not adequately
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represented in the services under the State.
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8
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THE CONSTITUTION OF INDIA
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(5) Nothing in this article shall affect the operation of any law which
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provides that the incumbent of an office in connection with the affairs of any
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religious or denominational institution or any member of the governing body
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thereof shall be a person professing a particular religion or belonging to a
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particular denomination.
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17. Abolition of Untouchability.—“Untouchability” is abolished and its
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practice in any form is forbidden. The enforcement of any disability arising out
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of “Untouchability” shall be an offence punishable in accordance with law.
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18. Abolition of titles.—(1) No title, not being a military or academic
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distinction, shall be conferred by the State.
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(2) No citizen of India shall accept any title from any foreign State.
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(3) No person who is not a citizen of India shall, while he holds any
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office of profit or trust under the State, accept without the consent of the
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President any title from any foreign State.
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(4) No person holding any office of profit or trust under the State shall,
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without the consent of the President, accept any present, emolument, or office
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of any kind from or under any foreign State.
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Right to Freedom
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19. Protection of certain rights regarding freedom of speech, etc.—
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(1) All citizens shall have the right—
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(a) to freedom of speech and expression;
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(b) to assemble peaceably and without arms;
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(c) to form associations or unions;
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(d) to move freely throughout the territory of India;
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9
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THE CONSTITUTION OF INDIA
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(e) to reside and settle in any part of the territory of India;
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(f) to acquire, hold and dispose of property; and
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(g) to practise any profession, or to carry on any occupation, trade or
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business.
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(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of
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any existing law, or prevent the State from making any law, in so far as such
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law imposes reasonable restrictions on the exercise of the right conferred by th
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e
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said sub-clause in the interests of the sovereignty and integrity of India, the
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security of the State, friendly relations with foreign States, public order,
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decency or morality, or in relation to contempt of court, defamation or
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incitement to an offence.
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(3) Nothing in sub-clause (b) of the said clause shall affect the operation
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of any existing law in so far as it imposes, or prevent the State from making
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any law imposing, in the interests of the sovereignty and integrity of India or
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public order, reasonable restrictions on the exercise of the right conferred by
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the said sub-clause.
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(4) Nothing in sub-clause (c) of the said clause shall affect the operation
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of any existing law in so far as it imposes, or prevent the State from making
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any law imposing, in the interests of the sovereignty and integrity of India or
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public order or morality, reasonable restrictions on the exercise of the right
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conferred by the said sub-clause.
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(5) Nothing in sub-clauses (d), (e) and (f) of the said clause shall affect the
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operation of any existing law in so far as it imposes, or prevent the State from
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making any law imposing, reasonable restrictions on the exercise of any of the
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rights conferred by the said sub-clauses either in the interests of the general
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public or for the protection of the interests of any Scheduled Tribe.
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(6) Nothing in sub-clause (g) of the said clause shall affect the operation
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of any existing law in so far as it imposes, or prevent the State from making
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any law imposing, in the interests of the general public, reasonable restriction
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s
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on the exercise of the right conferred by the said sub-clause, and, in particula
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r,
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nothing in the said sub-clause shall affect the operation of any existing law in
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so far as it relates to, or prevent the State from making any law relating to,<2C><>
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<EFBFBD>
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(i) the professional or technical qualifications necessary for practising
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any profession or carrying on any occupation, trade or business, or
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THE CONSTITUTION OF INDIA
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10
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(ii) the carrying on by the State, or by a corporation owned or
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controlled by the State, of any trade, business, industry or service,
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whether to the exclusion, complete or partial, of citizens or otherwise.
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20. Protection in respect of conviction for offences.—(1) No person
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shall be convicted of any offence except for violation of a law in force at the
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time of the commission of the Act charged as an offence, nor be subjected to a
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penalty greater than that which might have been inflicted under the law in force
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at the time of the commission of the offence.
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(2) No person shall be prosecuted and punished for the same offence
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more than once.
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(3) No person accused of any offence shall be compelled to be a witness
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against himself.
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21. Protection of life and personal liberty.—No person shall be
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deprived of his life or personal liberty except according to procedure
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established by law.
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1
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22. Protection against arrest and detention in certain cases.—(1) No
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person who is arrested shall be detained in custody without being informed, as
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soon as may be, of the grounds for such arrest nor shall he be denied the right
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to consult, and to be defended by, a legal practitioner of his choice.
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(2) Every person who is arrested and detained in custody shall be
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produced before the nearest magistrate within a period of twenty-four hours of
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such arrest excluding the time necessary for the journey from the place of arres
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t
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to the court of the magistrate and no such person shall be detained in custody
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beyond the said period without the authority of a magistrate.
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(3) Nothing in clauses (1) and (2) shall apply—
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(a) to any person who for the time being is an enemy alien; or
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______________________________________________
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1. On the commencement of s. 3 of the Constitution (Forty-fourth Amendment) Act,
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1978, art. 22 shall
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stand amended as directed in s. 3 of that Act. For the text of s. 3 of that Act,
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see Appendix III.
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11
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THE CONSTITUTION OF INDIA
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(b) to any person who is arrested or detained under any law providing
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for preventive detention.
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(4) No law providing for preventive detention shall authorise the
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detention of a person for a longer period than three months unless—
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(a) an Advisory Board consisting of persons who are, or have been,
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or are qualified to be appointed as, Judges of a High Court has reported
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before the expiration of the said period of three months that there is in its
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opinion sufficient cause for such detention:
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Provided that nothing in this sub-clause shall authorise the detention
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of any person beyond the maximum period prescribed by any law made
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by Parliament under sub-clause (b) of clause (7); or
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(b) such person is detained in accordance with the provisions of any
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law made by Parliament under sub-clauses (a) and (b) of clause (7).
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(5) When any person is detained in pursuance of an order made under
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any law providing for preventive detention, the authority making the order
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shall, as soon as may be, communicate to such person the grounds on which the
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order has been made and shall afford him the earliest opportunity of making a
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representation against the order.
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(6) Nothing in clause (5) shall require the authority making any such
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order as is referred to in that clause to disclose facts which such authority
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considers to be against the public interest to disclose.
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(7) Parliament may by law prescribe—
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(a) the circumstances under which, and the class or classes of cases in
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which, a person may be detained for a period longer than three months
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under any law providing for preventive detention without obtaining the
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opinion of an Advisory Board in accordance with the provisions of subclause (a)
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of clause (4);
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(b) the maximum period for which any person may in any class or
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classes of cases be detained under any law providing for preventive
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detention; and
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(c) the procedure to be followed by an Advisory Board in an inquiry
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under sub-clause (a) of clause (4).
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12
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THE CONSTITUTION OF INDIA
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Right against Exploitation
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23. Prohibition of traffic in human beings and forced labour.—(1)
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Traffic in human beings and begar and other similar forms of forced labour are
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prohibited and any contravention of this provision shall be an offence
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punishable in accordance with law.
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(2) Nothing in this article shall prevent the State from imposing
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compulsory service for public purposes, and in imposing such service the State
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shall not make any discrimination on grounds only of religion, race, caste or
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class or any of them.
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24. Prohibition of employment of children in factories, etc.—No child
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below the age of fourteen years shall be employed to work in any factory or
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mine or engaged in any other hazardous employment.
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Right to Freedom of Religion
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25. Freedom of conscience and free profession, practice and
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propagation of religion.—(1) Subject to public order, morality and health and
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to the other provisions of this Part, all persons are equally entitled to freedo
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m
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of conscience and the right freely to profess, practise and propagate religion.
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(2) Nothing in this article shall affect the operation of any existing law or
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prevent the State from making any law—
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(a) regulating or restricting any economic, financial, political or
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other secular activity which may be associated with religious practice;
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(b) providing for social welfare and reform or the throwing open
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of Hindu religious institutions of a public character to all classes and
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sections of Hindus.
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Explanation I.—The wearing and carrying of kirpans shall be deemed to
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be included in the profession of the Sikh religion.
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Explanation II.—In sub-clause (b) of clause (2), the reference to Hindus
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shall be construed as including a reference to persons professing the Sikh, Jain
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a
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or Buddhist religion, and the reference to Hindu religious institutions shall be
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construed accordingly.
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26. Freedom to manage religious affairs.—Subject to public order,
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morality and health, every religious denomination or any section thereof shall
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have the right—
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(a) to establish and maintain institutions for religious and charitable
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purposes;
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13
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THE CONSTITUTION OF INDIA
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(b) to manage its own affairs in matters of religion;
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(c) to own and acquire movable and immovable property; and
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(d) to administer such property in accordance with law.
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27. Freedom as to payment of taxes for promotion of any particular
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religion.—No person shall be compelled to pay any taxes, the proceeds of
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which are specifically appropriated in payment of expenses for the promotion
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or maintenance of any particular religion or religious denomination.
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28. Freedom as to attendance at religious instruction or religious
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worship in certain educational institutions.—(1) No religious instruction
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shall be provided in any educational institution wholly maintained out of State
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funds.
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(2) Nothing in clause (1) shall apply to an educational institution which
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is administered by the State but has been established under any endowment or
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trust which requires that religious instruction shall be imparted in such
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institution.
|
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|
(3) No person attending any educational institution recognised by the
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|
|
State or receiving aid out of State funds shall be required to take part in any
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|
|
religious instruction that may be imparted in such institution or to attend any
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|
|
religious worship that may be conducted in such institution or in any premises
|
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|
|
attached thereto unless such person or, if such person is a minor, his guardian
|
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|
|
has given his consent thereto.
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|
Cultural and Educational Rights
|
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|
29. Protection of interests of minorities.—(1) Any section of the
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|
|
citizens residing in the territory of India or any part thereof having a distinc
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|
t
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|
language, script or culture of its own shall have the right to conserve the same
|
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|
.
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|
(2) No citizen shall be denied admission into any educational institution
|
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|
|
maintained by the State or receiving aid out of State funds on grounds only of
|
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|
|
religion, race, caste, language or any of them.
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30. Right of minorities to establish and administer educational
|
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|
|
institutions.—(1) All minorities, whether based on religion or language, shall
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|
|
have the right to establish and administer educational institutions of their
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choice.
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14
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|
|
THE CONSTITUTION OF INDIA
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(2) The State shall not, in granting aid to educational institutions,
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|
|
discriminate against any educational institution on the ground that it is under
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|
|
the management of a minority, whether based on religion or language.
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|
Right To Property
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31. (1) No person shall be deprived of his property
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save by authority of law.
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Compulsory Acquisition of Property:
|
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|
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2) No property shall be compulsorily acquired or requisitioned save
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|
for a public purpose and save by authority of a law which provides for
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|
acquisition or requisitioning of the property for an amount which may
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|
be fixed by such law or which may be determined in accordance with
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|
such principles and given in such manner as may be specified in such
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|
|
law; and no such law shall be called in question in any court on the
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|
ground that the amount so fixed or determined is not adequate or that
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|
the whole or any part of such amount is to be given otherwise than in
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|
cash:
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|
Provided that in making any law providing for the compulsory
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|
|
acquisition of any property of an educational institution established
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|
|
and administered by a minority, referred to in clause (1) of article
|
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|
|
30, the State shall ensure that the amount fixed by or determined
|
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|
|
under such law for the acquisition of such property is such as would
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|
|
not restrict or abrogate the right guaranteed under that clause.";
|
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|
(2A) Where a law does not provide for the transfer of the ownership or right
|
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|
|
to possession of any property to the State or to a corporation owned or
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|
|
controlled by the State, it shall not be deemed to provide for the
|
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|
|
|
compulsory acquisition or requisitioning of property, notwithstanding
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|
|
that it deprives any person of his property.".
|
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|
(2B) Nothing in sub-clause (f) of clause (1) of article 19 shall
|
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|
|
affect any such law as is referred to in clause (2).".
|
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|
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|
(3) No such law as is referred to in clause (2) made by
|
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|
|
the Legislature of a State shall have effect unless such law,
|
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|
|
having been reserved for the consideration of the President,
|
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|
|
has received his assent.
|
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|
|
(4) If any Bill pending at the commencement of
|
|
|
|
|
this Constitution in the Legislature of a State has, after
|
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|
|
|
it has been passed by such Legislature, been reserved for
|
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|
|
|
the consideration of the President and has received his
|
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|
|
assent, then, notwithstanding anything in this Constitution,
|
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|
|
the law so assented to shall not be called in question in
|
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|
|
|
any court on the ground that it contravenes the provisions
|
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|
|
of clause (2).
|
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|
|
(5)Nothing in Clause (2) shall affect -
|
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|
|
(a) the provisions of any existing law other than
|
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|
|
a law to which the provisions of clause (6)
|
|
|
|
|
apply, or
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|
|
(b) the provisions of any law which the state may hereafter make-
|
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|
|
(i)for the purpose of imposing or levying
|
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|
|
any tax or penalty, or
|
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|
|
(ii)for the promotion of public health or
|
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|
|
the prevention of danger to life ot
|
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|
|
property, or
|
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|
|
(iii)in pursuance of any agreement entered
|
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|
|
into between the Government of the
|
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|
|
|
Dominion of India or the Government
|
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|
|
of India and the Government of any
|
|
|
|
|
other country, or otherwise, with res-
|
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|
|
pect to property declared by law to be
|
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|
|
evacuee property.
|
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|
|
(6) Any law of the State enacted not more than
|
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|
|
eighteen months before the commencement of this Consti-
|
|
|
|
|
tution may within three months from such commencement
|
|
|
|
|
be submitted to the President for his certification ; and
|
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|
|
thereupon, if the President by public notification so
|
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|
|
|
certifies, it shall not be called in question in any court
|
|
|
|
|
on the ground thaf it contravenes the provision of clause
|
|
|
|
|
(2) of this article or has contravened the provisions of
|
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|
|
sub-section (2) of section 299 of the Government of India
|
|
|
|
|
Act, 1935.
|
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|
|
NOTES
|
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|
Policy underlying the Article : This Article based on 8. 299 of the
|
|
|
|
|
Government of India Act, 1935, was the result of considerable negotiation
|
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|
|
|
and incorporates what was popularly known as the Munshi-Iyengar formula
|
|
|
|
|
which was agreed to as a compromise between two sets of views. This
|
|
|
|
|
Article evoked keen controversy in the Constituent Assembly and outside.
|
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|
|
|
|
|
|
|
This Article limits the rights of eminent domain. In general, the
|
|
|
|
|
right of a nation or State to take private property for public use is eminent
|
|
|
|
|
or paramount. It is a right that transcends private ownership. It is
|
|
|
|
|
inherent in the nature of sovereignty 'that a government shall have the
|
|
|
|
|
right 1 to acquire private property for an essential public use even when
|
|
|
|
|
the owner of the property objects to giving it up. Otherwise, a Govern-
|
|
|
|
|
ment could not perform its functions, because private property is needed
|
|
|
|
|
from time to time for fortifications, navy-yards, post-offices, customs
|
|
|
|
|
houses, school houses, parks, highways, and so on. '
|
|
|
|
|
“Property”—meaning of: At the common law 'property’ signified
|
|
|
|
|
ownership, which was exercised in its primary and fullest sense over
|
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|
|
|
physical objects only, and more especially over land. 1 To-day in Consti-
|
|
|
|
|
tution Law it covers each and all of the valuable elements of ownership,
|
|
|
|
|
and moreover baa tended at times to merge with the more indefinite rights
|
|
|
|
|
of 'liberty;' as defined above.
|
|
|
|
|
1.In Early England, it was the custom for the Crown to take private
|
|
|
|
|
property for its use without giving the owner any compensation at all. The King
|
|
|
|
|
was supposed to have what was called the right of "purveyance” and this right
|
|
|
|
|
of the King extended to the taking of land, buildings, cattle, grain and in fact
|
|
|
|
|
any-
|
|
|
|
|
thing the King wanted.
|
|
|
|
|
Subtl (2) : "Public Purposes" : When the legislature enacts
|
|
|
|
|
certain purposes as public or clothes the Executive with authority so to
|
|
|
|
|
notify, the courts cannot question the enactment. Cf. Wijiasekara v.
|
|
|
|
|
Vesting, (1919) A. C. 646.
|
|
|
|
|
|
|
|
|
|
"Compensation" : It is clear on the language of this Article
|
|
|
|
|
that a legislation cannot be impugned as not providing a just compen-
|
|
|
|
|
sation. The question what is a just compensation is a matter for the
|
|
|
|
|
legislature and so long as some compensation is provided for, the
|
|
|
|
|
legislation cannot be attacked as invalid.
|
|
|
|
|
|
|
|
|
|
|
2015-04-23 07:29:52 +00:00
|
|
|
|
31A. Saving of laws providing for acquisition of estates, etc.—
|
2015-04-23 07:29:53 +00:00
|
|
|
|
(1) Notwithstanding anything contained in article 13, no law providing for—
|
|
|
|
|
(a) the acquisition by the State of any estate or of any rights therein
|
|
|
|
|
or the extinguishment or modification of any such rights, or
|
|
|
|
|
(b) the taking over of the management of any property by the State
|
|
|
|
|
for a limited period either in the public interest or in order to secure the
|
|
|
|
|
proper management of the property, or
|
|
|
|
|
(c) the amalgamation of two or more corporations either in the public
|
|
|
|
|
interest or in order to secure the proper management of any of the
|
|
|
|
|
corporations, or
|
|
|
|
|
(d) the extinguishment or modification of any rights of managing
|
|
|
|
|
agents, secretaries and treasurers, managing directors, directors or
|
|
|
|
|
managers of corporations, or of any voting rights of shareholders thereof,
|
|
|
|
|
or
|
|
|
|
|
(e) the extinguishment or modification of any rights accruing by
|
|
|
|
|
virtue of any agreement, lease or licence for the purpose of searching for,
|
|
|
|
|
or winning, any mineral or mineral oil, or the premature termination or
|
|
|
|
|
cancellation of any such agreement, lease or licence,
|
|
|
|
|
shall be deemed to be void on the ground that it is inconsistent with, or takes
|
|
|
|
|
away or abridges any of the rights conferred by article 14, article 19 or articl
|
|
|
|
|
e 31:
|
|
|
|
|
Provided that where such law is a law made by the Legislature of a State,
|
|
|
|
|
the provisions of this article shall not apply thereto unless such law, having
|
|
|
|
|
been reserved for the consideration of the President, has received his assent:
|
|
|
|
|
|
2015-04-23 07:29:52 +00:00
|
|
|
|
15
|
|
|
|
|
|
|
|
|
|
THE CONSTITUTION OF INDIA
|
|
|
|
|
|
2015-04-23 07:29:56 +00:00
|
|
|
|
Provided further that where any law makes any provision for the
|
|
|
|
|
acquisition by the State of any estate and where any land comprised therein is
|
|
|
|
|
held by a person under his personal cultivation, it shall not be lawful for the
|
|
|
|
|
State to acquire any portion of such land as is within the ceiling limit applica
|
|
|
|
|
ble
|
|
|
|
|
to him under any law for the time being in force or any building or structure
|
|
|
|
|
standing thereon or appurtenant thereto, unless the law relating to the
|
|
|
|
|
acquisition of such land, building or structure, provides for payment of
|
|
|
|
|
compensation at a rate which shall not be less than the market value thereof.
|
2015-04-23 07:29:52 +00:00
|
|
|
|
(2) In this article,—
|
2015-04-23 07:29:56 +00:00
|
|
|
|
(a) the expression “estate” shall, in relation to any local area, have the
|
|
|
|
|
same meaning as that expression or its local equivalent has in the
|
|
|
|
|
existing law relating to land tenures in force in that area and shall also
|
|
|
|
|
include—
|
|
|
|
|
(i) any jagir, inam or muafi or other similar grant and in the States
|
|
|
|
|
of Tamil Nadu and Kerala, any janmam right;
|
|
|
|
|
(ii) any land held under ryotwari settlement;
|
|
|
|
|
(iii) any land held or let for purposes of agriculture or for
|
|
|
|
|
purposes ancillary thereto, including waste land, forest land, land for
|
|
|
|
|
pasture or sites of buildings and other structures occupied by
|
|
|
|
|
cultivators of land, agricultural labourers and village artisans;
|
2015-04-23 07:29:52 +00:00
|
|
|
|
(b) the expression “rights”, in relation to an estate, shall include any
|
2015-04-23 07:29:53 +00:00
|
|
|
|
rights vesting in a proprietor, sub-proprietor, under-proprietor, tenureholder,
|
|
|
|
|
raiyat, under-raiyat or other intermediary and any rights or
|
2015-04-23 07:29:52 +00:00
|
|
|
|
privileges in respect of land revenue.
|
|
|
|
|
31B. Validation of certain Acts and Regulations.—Without prejudice
|
|
|
|
|
to the generality of the provisions contained in article 31A, none of the Acts
|
|
|
|
|
and Regulations specified in the Ninth Schedule nor any of the provisions
|
|
|
|
|
thereof shall be deemed to be void, or ever to have become void, on the ground
|
|
|
|
|
that such Act, Regulation or provision is inconsistent with, or takes away or
|
|
|
|
|
abridges any of the rights conferred by, any provisions of this Part, and
|
|
|
|
|
notwithstanding any judgment, decree or order of any court or Tribunal to the
|
|
|
|
|
contrary, each of the said Acts and Regulations shall, subject to the power of
|
|
|
|
|
any competent Legislature to repeal or amend it, continue in force.
|
|
|
|
|
|
|
|
|
|
16
|
|
|
|
|
|
|
|
|
|
THE CONSTITUTION OF INDIA
|
|
|
|
|
|
2015-04-23 07:29:59 +00:00
|
|
|
|
31C. Saving of laws giving effect to certain directive principles.—
|
|
|
|
|
Notwithstanding anything contained in article 13, no law giving effect to the
|
|
|
|
|
policy of the State towards securing 1 [all or any of the principles laid down i
|
|
|
|
|
n
|
|
|
|
|
Part IV] shall be deemed to be void on the ground that it is inconsistent with,
|
|
|
|
|
or
|
|
|
|
|
takes away or abridges any of the rights conferred by article 14, article 19 or
|
|
|
|
|
article 31;
|
|
|
|
|
2
|
|
|
|
|
and no law containing a declaration that it is for giving effect to such policy
|
|
|
|
|
shall be called in question in any court on the ground that it does not give eff
|
|
|
|
|
ect
|
|
|
|
|
to such policy:
|
|
|
|
|
Provided that where such law is made by the Legislature of a State, the
|
|
|
|
|
provisions of this article shall not apply thereto unless such law, having been
|
|
|
|
|
reserved for the consideration of the President, has received his assent.
|
|
|
|
|
|
|
|
|
|
|
2015-04-23 07:29:52 +00:00
|
|
|
|
|
2015-04-23 07:29:52 +00:00
|
|
|
|
32. Remedies for enforcement of rights conferred by this Part.—(1)
|
|
|
|
|
The right to move the Supreme Court by appropriate proceedings for the
|
|
|
|
|
enforcement of the rights conferred by this Part is guaranteed.
|
|
|
|
|
(2) The Supreme Court shall have power to issue directions or orders or
|
|
|
|
|
writs, including writs in the nature of habeas corpus, mandamus, prohibition,
|
|
|
|
|
quo warranto and certiorari, whichever may be appropriate, for the
|
|
|
|
|
enforcement of any of the rights conferred by this Part.
|
|
|
|
|
(3) Without prejudice to the powers conferred on the Supreme Court by
|
|
|
|
|
clauses (1) and (2), Parliament may by law empower any other court to exercise
|
|
|
|
|
within the local limits of its jurisdiction all or any of the powers exercisable
|
|
|
|
|
by
|
|
|
|
|
the Supreme Court under clause (2).
|
|
|
|
|
(4) The right guaranteed by this article shall not be suspended except as
|
|
|
|
|
otherwise provided for by this Constitution.
|
|
|
|
|
|
|
|
|
|
______________________________________________
|
|
|
|
|
|
|
|
|
|
17
|
|
|
|
|
|
|
|
|
|
THE CONSTITUTION OF INDIA
|
|
|
|
|
|
|
|
|
|
33. Power of Parliament to modify the rights conferred by this Part in
|
|
|
|
|
their application to Forces.
|
|
|
|
|
Parliament may, by law, determine to what
|
|
|
|
|
extent any of the rights conferred by this Part shall, in their application to t
|
|
|
|
|
he members
|
|
|
|
|
of the Armed Forces or the Forces charged with the maintenance of
|
|
|
|
|
public order be restricted or abrogated so as to ensure the proper discharge of
|
|
|
|
|
their duties
|
|
|
|
|
and the maintenance of discipline among them.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
34. Restriction on rights conferred by this Part while martial law is
|
|
|
|
|
in force in any area.—Notwithstanding anything in the foregoing provisions
|
|
|
|
|
of this Part, Parliament may by law indemnify any person in the service of the
|
|
|
|
|
Union or of a State or any other person in respect of any act done by him in
|
|
|
|
|
connection with the maintenance or restoration of order in any area within the
|
|
|
|
|
territory of India where martial law was in force or validate any sentence
|
|
|
|
|
passed, punishment inflicted, forfeiture ordered or other act done under martial
|
|
|
|
|
law in such area.
|
|
|
|
|
35. Legislation to give effect to the provisions of this Part.—
|
|
|
|
|
Notwithstanding anything in this Constitution,—
|
|
|
|
|
(a) Parliament shall have, and the Legislature of a State shall not
|
|
|
|
|
have, power to make laws—
|
|
|
|
|
(i) with respect to any of the matters which under clause (3) of
|
|
|
|
|
article 16, clause (3) of article 32, article 33 and article 34 may be
|
|
|
|
|
provided for by law made by Parliament; and
|
|
|
|
|
(ii) for prescribing punishment for those acts which are declared
|
|
|
|
|
to be offences under this Part;
|
|
|
|
|
and Parliament shall, as soon as may be after the commencement of this
|
|
|
|
|
Constitution, make laws for prescribing punishment for the acts referred
|
|
|
|
|
to in sub-clause (ii);
|
|
|
|
|
|
|
|
|
|
18
|
|
|
|
|
|
|
|
|
|
THE CONSTITUTION OF INDIA
|
|
|
|
|
|
|
|
|
|
(b) any law in force immediately before the commencement of this
|
|
|
|
|
Constitution in the territory of India with respect to any of the matters
|
|
|
|
|
referred to in sub-clause (i) of clause (a) or providing for punishment for
|
|
|
|
|
any act referred to in sub-clause (ii) of that clause shall, subject to the
|
|
|
|
|
terms thereof and to any adaptations and modifications that may be made
|
|
|
|
|
therein under article 372, continue in force until altered or repealed or
|
|
|
|
|
amended by Parliament.
|
|
|
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Explanation.—In this article, the expression "law in force'' has the same
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meaning as in article 372.
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