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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commencement of this Constitution and not previously repealed,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; and
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*
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*
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*
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*
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*
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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) and (e) 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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(1A) In making any law providing for the compulsory acquisition of any
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property of an educational institution established and administered by a
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minority, referred to in clause (1), the State shall ensure that the amount fixe
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d
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by or determined under such law for the acquisition of such property is such as
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would not restrict or abrogate the right guaranteed under that clause.
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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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*
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*
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*
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*
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31. [Compulsory acquisition of property.] Rep. by the Constitution
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(Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f. 20-6-1979).
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Saving of Certain Laws
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31A. Saving of laws providing for acquisition of estates, etc.—
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(1) Notwithstanding anything contained in article 13, no law providing for—
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(a) the acquisition by the State of any estate or of any rights therein
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or the extinguishment or modification of any such rights, or
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(b) the taking over of the management of any property by the State
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for a limited period either in the public interest or in order to secure the
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proper management of the property, or
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(c) the amalgamation of two or more corporations either in the public
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interest or in order to secure the proper management of any of the
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corporations, or
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(d) the extinguishment or modification of any rights of managing
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agents, secretaries and treasurers, managing directors, directors or
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managers of corporations, or of any voting rights of shareholders thereof,
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or
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(e) the extinguishment or modification of any rights accruing by
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virtue of any agreement, lease or licence for the purpose of searching for,
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or winning, any mineral or mineral oil, or the premature termination or
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cancellation of any such agreement, lease or licence,
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shall be deemed to be void on the ground that it is inconsistent with, or takes
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away or abridges any of the rights conferred by article 14 or article 19:
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Provided that where such law is a law made by the Legislature of a State,
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the provisions of this article shall not apply thereto unless such law, having
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been reserved for the consideration of the President, has received his assent:
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15
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THE CONSTITUTION OF INDIA
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Provided further that where any law makes any provision for the
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acquisition by the State of any estate and where any land comprised therein is
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held by a person under his personal cultivation, it shall not be lawful for the
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State to acquire any portion of such land as is within the ceiling limit applica
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ble
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to him under any law for the time being in force or any building or structure
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standing thereon or appurtenant thereto, unless the law relating to the
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acquisition of such land, building or structure, provides for payment of
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compensation at a rate which shall not be less than the market value thereof.
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(2) In this article,—
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(a) the expression “estate” shall, in relation to any local area, have the
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same meaning as that expression or its local equivalent has in the
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existing law relating to land tenures in force in that area and shall also
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include—
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(i) any jagir, inam or muafi or other similar grant and in the States
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of Tamil Nadu and Kerala, any janmam right;
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(ii) any land held under ryotwari settlement;
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(iii) any land held or let for purposes of agriculture or for
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purposes ancillary thereto, including waste land, forest land, land for
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pasture or sites of buildings and other structures occupied by
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cultivators of land, agricultural labourers and village artisans;
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(b) the expression “rights”, in relation to an estate, shall include any
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rights vesting in a proprietor, sub-proprietor, under-proprietor, tenureholder,
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raiyat, under-raiyat or other intermediary and any rights or
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privileges in respect of land revenue.
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31B. Validation of certain Acts and Regulations.—Without prejudice
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to the generality of the provisions contained in article 31A, none of the Acts
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and Regulations specified in the Ninth Schedule nor any of the provisions
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thereof shall be deemed to be void, or ever to have become void, on the ground
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that such Act, Regulation or provision is inconsistent with, or takes away or
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abridges any of the rights conferred by, any provisions of this Part, and
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notwithstanding any judgment, decree or order of any court or Tribunal to the
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contrary, each of the said Acts and Regulations shall, subject to the power of
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any competent Legislature to repeal or amend it, continue in force.
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16
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31C. Saving of laws giving effect to certain directive principles.—
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Notwithstanding anything contained in article 13, no law giving effect to the
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policy of the State towards securing 1 [all or any of the principles laid down i
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n
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Part IV] shall be deemed to be void on the ground that it is inconsistent with,
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or
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takes away or abridges any of the rights conferred by article 14 or article 19;
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2
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and no law containing a declaration that it is for giving effect to such policy
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shall be called in question in any court on the ground that it does not give eff
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ect
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to such policy:
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Provided that where such law is made by the Legislature of a State, the
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provisions of this article shall not apply thereto unless such law, having been
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reserved for the consideration of the President, has received his assent.
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31D. [Saving of laws in respect of anti-national activities.] Rep. by the
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Constitution (Forty-third Amendment) Act,1977, s. 2 (w.e.f.13-4-1978).
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Right to Constitutional Remedies
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32. Remedies for enforcement of rights conferred by this Part.—(1)
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The right to move the Supreme Court by appropriate proceedings for the
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enforcement of the rights conferred by this Part is guaranteed.
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(2) The Supreme Court shall have power to issue directions or orders or
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writs, including writs in the nature of habeas corpus, mandamus, prohibition,
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quo warranto and certiorari, whichever may be appropriate, for the
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enforcement of any of the rights conferred by this Part.
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(3) Without prejudice to the powers conferred on the Supreme Court by
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clauses (1) and (2), Parliament may by law empower any other court to exercise
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within the local limits of its jurisdiction all or any of the powers exercisable
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by
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the Supreme Court under clause (2).
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(4) The right guaranteed by this article shall not be suspended except as
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otherwise provided for by this Constitution.
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32A. [Constitutional validity of State laws not to be considered in
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proceedings under article 32.] Rep. by the Constitution (Forty-third
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Amendment) Act, 1977, s. 3 (w.e.f. 13-4-1978).
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______________________________________________
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1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 4, for “th
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e principles specified in
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clause (b) or clause (c) of article 39” (w.e.f. 3.1.1977). Section 4 has been
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declared invalid by the
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Supreme Court in Minerva Mills Ltd. and others vs. Union of India and others (19
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80) s. 2, S.C.C. 591.
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2. In Kesavananda Bharati vs. the State of Kerala (1973). Supp. S.C.R.1., the Su
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preme Court held the
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||
provisions in italics to be invalid.
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||
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17
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||
|
||
THE CONSTITUTION OF INDIA
|
||
|
||
33. Power of Parliament to modify the rights conferred by this Part in
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||
their application to Forces, etc.—Parliament may, by law, determine to what
|
||
extent any of the rights conferred by this Part shall, in their application to,<2C>
|
||
<EFBFBD><EFBFBD>
|
||
(a) the members of the Armed Forces; or
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||
(b) the members of the Forces charged with the maintenance of
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public order; or
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||
(c) persons employed in any bureau or other organisation established
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||
by the State for purposes of intelligence or counter intelligence; or
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||
(d) person employed in, or in connection with, the telecommunication
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||
systems set up for the purposes of any Force, bureau or organisation
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||
referred to in clauses (a) to (c),
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||
be restricted or abrogated so as to ensure the proper discharge of their duties
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||
and the maintenance of discipline among them.
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||
34. Restriction on rights conferred by this Part while martial law is
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||
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
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||
Union or of a State or any other person in respect of any act done by him in
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||
connection with the maintenance or restoration of order in any area within the
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||
territory of India where martial law was in force or validate any sentence
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||
passed, punishment inflicted, forfeiture ordered or other act done under martial
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||
law in such area.
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||
35. Legislation to give effect to the provisions of this Part.—
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||
Notwithstanding anything in this Constitution,—
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||
(a) Parliament shall have, and the Legislature of a State shall not
|
||
have, power to make laws—
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||
(i) with respect to any of the matters which under clause (3) of
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||
article 16, clause (3) of article 32, article 33 and article 34 may be
|
||
provided for by law made by Parliament; and
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||
(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);
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||
|
||
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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||
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