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https://en.wikisource.org/wiki/The_Constitution_of_India_(Original_Calligraphed_and_Illuminated_Version)/Part_3The Constitution of India (Original Calligraphed and Illuminated Version)/Part 3 < The Constitution of India (Original Calligraphed and Illuminated Version) Jump to navigation Jump to search ←Part IIThe Constitution of India by the Constituent Assembly of India Part IIIPart IV→
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Part III
Fundamental Rights

General

12. In this Part, unless the context otherwise requires, “the State”
includes the Government and Parliament of India and the Government and
the Legislature of each of the States and all local or other authorities
within the territory of India or under the control of the Government of
India.

13. (1) All laws in force in the territory of India immediately
before the commencement of this Constitution, in so far as they are
inconsistent with the provisions of this Part, shall, to the extent of
such inconsistency, be void.
(2) The State
shall not make any law which takes away or abridges the rights conferred
by this Part and any law made in contravention of this clause shall, to
the extent of the contravention, be void.
(3) In this article, unless the context otherwise requires, —

(a) “law” includes any Ordinance, order, bye-law, rule, regulation,
notification, custom or usage having in the territory of India the force
of law;

(b) “laws in force” includes laws passed or made by a Legislature or
other competent authority in the territory of India before the
commencement of this Constitution and not previously repealed,
notwithstanding that any such law or any part thereof may not be then in
operation either at all or in particular areas.

Definition.

Laws inconsistent with or in derogation of the fundamental rights.


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Right to Equality

14. The State shall not deny to any person equality before the law or
the equal protection of the laws within the territory of India.

15. (1) The State shall not discriminate against any citizen on
grounds only of religion, race, caste, sex, place of birth or any of
them.
(2) No citizen
shall, on grounds only of religion, race, caste, sex, place of birth or
any of them, be subject to any disability, liability, restriction or
condition with regard to —

(a) access to shops, public restaurants, hotels and places of public entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of
public resort maintained wholly or partly out of State funds or
dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision for women and children.

16. (1) There shall be equality of opportunity for all citizens
in matters relating to employment or appointment to any office under the
State.
(2) No citizen
shall, on grounds only of religion, race, caste, sex, descent, place of
birth, residence or any of them, be ineligible for, or discriminated
against in respect of, any employment or office under the State.
(3) Nothing in
this article shall prevent Parliament from making any law prescribing,
in regard to a class or classes of employment or appointment to an
office under any State specified in the First Schedule or any local or
other authority within its territory, any requirement as to residence
within that State prior to such employment or appointment.
(4) Nothing in
this article shall prevent the State from making any provision for the
reservation of appointments or posts in favour of any backward class of
citizens which, in the opinion of the State, is not adequately
represented in the services under the State.

Equality before law.

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Equality of opportunity in matters of public employment.


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(5) Nothing in
this article shall affect the operation of any law which provides that
the incumbent of an office in connection with the affairs of any
religious or denominational institution or any member of the governing
body thereof shall be a person professing a particular religion or
belonging to a particular denomination.

17. “Untouchability” is abolished and its practice in any form is
forbidden. The enforcement of any disability arising out of
“Untouchability” shall be an offence punishable in accordance with law.

18. (1) No title, not being a military or academic distinction, shall be conferred by the State.
(2) No citizen of India shall accept any title from any foreign State.
(3) No person who
is not a citizen of India shall, while he holds any office of profit or
trust under the State, accept without the consent of the President any
title from any foreign State.
(4) No person
holding any office of profit or trust under the State shall, without the
consent of the President, accept any present, emolument, or office of
any kind from or under any foreign State.

Right to Freedom

19. (1) All citizens shall have the right —

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India;

(f) to acquire, hold and dispose of property; and

(g) to practise any profession, or to carry on any occupation, trade or business.

(2) Nothing in sub-clause (a)
of clause (1) shall affect the operation of any existing law in so far
as it relates to, or prevent the State from making any law relating to,
libel, slander, defamation, contempt of court or any matter which
offends against decency or morality or which

Abolition of Untouchability.

Abolition of titles.

Protection of certain rights regarding freedom of speech, etc.


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undermines the security of, or tends to overthrow, the State.
(3) Nothing in sub-clause (b)
of the said clause shall affect the operation of any existing law in so
far as it imposes, or prevent the State from making any law imposing,
in the interests of public order, reasonable restrictions on the
exercise of the right conferred by the said sub-clause.
(4) Nothing in sub-clause (c)
of the said clause shall affect the operation of any existing law in so
far as it imposes, or prevent the State from making any law imposing,
in the interests of public order or morality, reasonable restrictions on
the exercise of the right conferred by the said sub-clause.
(5) Nothing in sub-clauses (d), (e) and (f)
of the said clause shall affect the operation of any existing law in so
far as it imposes, or prevent the State from making any law imposing,
reasonable restrictions on the exercise of any of the rights conferred
by the said sub-clauses either in the interests of the general public or
for the protection of the interests of any Scheduled Tribe.
(6) Nothing in sub-clause (g)
of the said clause shall affect the operation of any existing law in so
far as it imposes, or prevent the State from making any law imposing,
in the interests of the general public, reasonable restrictions on the
exercise of the right conferred by the said sub-clause, and, in
particular, nothing in the said sub-clause shall affect the operation of
any existing law in so far as it prescribes or empowers any authority
to prescribe, or prevent the State from making any law prescribing or
empowering any authority to prescribe, the professional or technical
qualifications necessary for practising any profession or carrying on
any occupation, trade or business.

20. (1) No person shall be convicted of any offence except for
violation of a law in force at the time of the commission of the act
charged as an offence, nor be subjected to a penalty greater than that
which might have been inflicted under the law in force at the time of
the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.

Protection in respect of conviction for offences.


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(3) No person accused of any offence shall be compelled to be a witness against himself.

21. No person shall be deprived of his life or personal liberty except according to procedure established by law.

22. (1) No person who is arrested shall be detained in custody
without being informed, as soon as may be, of the grounds for such
arrest nor shall he be denied the right to consult, and to be defended
by, a legal practitioner of his choice.
(2) Every person
who is arrested and detained in custody shall be produced before the
nearest magistrate within a period of twenty-four hours of such arrest
excluding the time necessary for the journey from the place of arrest to
the court of the magistrate and no such person shall be detained in
custody beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply —

(a) to any person who for the time being is an enemy alien; or

(b) to any person who is arrested or detained under any law providing for preventive detention.

(4) No law
providing for preventive detention shall authorise the detention of a
person for a longer period than three months unless —

(a) an Advisory Board consisting of persons who are, or have been, or
are qualified to be appointed as, Judges of a High Court has reported
before the expiration of the said period of three months that there is
in its opinion sufficient cause for such detention:

Provided that nothing in this sub-clause shall authorise the detention
of any person beyond the maximum period prescribed by any law made by
Parliament under sub-clause (b) of clause (7); or

(b) such person is detained in accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7).

Protection of life and personal liberty.

Protection against arrest and detention in certain, cases.


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(5) When any
person is detained in pursuance of an order made under any law providing
for preventive detention, the authority making the order shall, as soon
as may be, communicate to such person the grounds on which the order
has been made and shall afford him the earliest opportunity of making a
representation against the order.
(6) Nothing in
clause (5) shall require the authority making any such order as is
referred to in that clause to disclose facts which such authority
considers to be against the public interest to disclose.
(7) Parliament may by law prescribe—

(a) the circumstances under which, and the class or classes of
cases in which, a person may be detained for a period longer than three
months under any law providing for preventive detention without
obtaining the opinion of an Advisory Board in accordance with the
provisions of sub-clause (a) of clause (4);

(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for
preventive detention; and

(c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).

Right against Exploitation

23. (1) Traffic in human beings and begar and other similar
forms of forced labour are prohibited and any contravention of this
provision shall be an offence punishable in accordance with law.
(2) Nothing in
this article shall prevent the State from imposing compulsory service
for public purposes, and in imposing such service the State shall not
make any discrimination on grounds only of religion, race, caste or
class or any of them.

24. No child below the age of fourteen years shall be employed to
work in any factory or mine or engaged in any other hazardous
employment.

Right to Freedom of Religion

25. (1) Subject to public order, morality and health and to the other
provisions of this Part, all persons are equally entitled to freedom of
conscience and the right freely to profess, practise and propagate

Prohibition of traffic in human beings and forced labour.

Prohibition of employment of children in factories, etc.

Freedom of conscience and free profession, practice and propagation of religion.


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religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law —

(a) regulating or restricting any economic, financial,
political or other secular activity which may be associated with
religious practice;

(b) providing for social welfare and reform or the throwing
open of Hindu religious institutions of a public character to all
classes and sections of Hindus.

Explanation I.—The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

Explanation II.—In sub-clause (b) of clause (2),
the reference to Hindus shall be construed as including a reference to
persons professing the Sikh, Jaina or Buddhist religion, and the
reference to Hindu religious institutions shall be construed
accordingly.

26. Subject to public order, morality and health, every religious denomination or any section thereof shall have the right —

(a) to establish and maintain institutions for religious and charitable purposes;

(b) to manage its own affairs in matters of religion;

(c) to own and acquire movable and immovable property; and

(d) to administer such property in accordance with law.

27. No person shall be compelled to pay any taxes, the proceeds of
which are specifically appropriated in payment of expenses for the
promotion or maintenance of any particular religion or religious
denomination.

28. (1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
(2) Nothing in
clause (1) shall apply to an educational institution which is
administered by the State but has been established under any endowment
or trust which requires that religious instruction shall be imparted in
such institution.
(3) No person
attending any educational institution recognised by the State or
receiving aid out of State funds shall be required to take part in any
religious instruction that may be imparted in such

Freedom to manage religious affairs.

Freedom as to payment of taxes for promotion of any particular religion.

Freedom as to attendance at religious instruction or religious worship in certain educational institutions.


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institution or to attend any religious worship that may be conducted
in such institution or in any premises attached thereto unless such
person or, if such person is a minor, his guardian has given his consent
thereto.

Cultural and Educational Rights

29. (1) Any section of the citizens residing in the territory of
India or any part thereof having a distinct language, script or culture
of its own shall have the right to conserve the same.
(2) No citizen
shall be denied admission into any educational institution maintained by
the State or receiving aid out of State funds on grounds only of
religion, race, caste, language or any of them.

30. (1) All minorities, whether based on religion or language,
shall have the right to establish and administer educational
institutions of their choice.
(2) The State
shall not, in granting aid to educational institutions, discriminate
against any educational institution on the ground that it is under the
management of a minority, whether based on religion or language.

Right to Property

31. (1) No person shall be deprived of his property save by authority of law.
(2) No property,
movable or immovable, including any interest in, or in any company
owning, any commercial or industrial undertaking, shall be taken
possession of or acquired for public purposes under any law authorising
the taking of such possession or such acquisition, unless the law
provides for compensation for the property taken possession of or
acquired and either fixes the amount of the compensation, or specifies
the principles on which, and the manner in which, the compensation is to
be determined and given.
(3) No such law
as is referred to in clause (2) made by the Legislature of a State shall
have effect unless such law, having been reserved for the consideration
of the President, has received his assent.
(4) If any Bill
pending at the commencement of this Constitution in the Legislature of a
State has, after it has been passed by such

Protection of interests of minorities.

Right of minorities to establish and administer educational institutions.

Compulsory acquisition of property.


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Legislature, been reserved for the consideration of the President and
has received his assent, then, notwithstanding anything in this
Constitution, the law so assented to shall not be called in question in
any court on the ground that it contravenes the provisions of clause
(2}.

(5) Nothing in clause (2) shall affect —

(a) the provisions of any existing law other than a law to which the provisions of clause (6) apply, or

(b) the provisions of any law which the State may hereafter make —

(i) for the purpose of imposing or levying any tax or penalty, or
(ii) for the promotion of public health or the prevention of danger to life or property, or

(iii) in pursuance of any agreement entered into between the Government
of the Dominion of India or the Government of India and the Government
of any other country, or otherwise, with respect to property declared by
law to be evacuee property.

(6) Any law of the State enacted not more than eighteen months before
the commencement of this Constitution may within three months from such
commencement be submitted to the President for his certification; and
thereupon, if the President by public notification so certifies, it
shall not be called in question in any court on the ground that it
contravenes the provisions of clause (2) of this article or has
contravened the provisions of sub-section (2) of section 299 of the
Government of India Act, 1935.

Right to Constitutional Remedies

32. (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

Remedies for enforcement of rights conferred by this Part.


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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.

33. Parliament may by law determine to what extent any of the
rights conferred by this Part shall, in their application to the 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. 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. 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);

(b) any law in force immediately before the commencement of this Constitution in the territory of India with respect to

Power to Parliament to modify the rights conferred by this Part in their application to Forces.

Restriction on rights conferred by this Part while martial law is in force in any area.

Legislation to give effect to the provisions of this Part.


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