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. Laws inconsistent with or in derogation of the fundamental
rights.-
(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commencement of this Constitution and not previously repealed,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.
[(4) Nothing in this article shall apply to any amendment of this
Constitution made under article 368.]
14. Equality before law.-
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. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.-
(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.
(4) Nothing in this article or in clause (2) of article 29 shall
prevent the State from making any special provision for the
advancement of any socially and educationally backward classes of
citizens or for the Scheduled Castes and the Scheduled Tribes.
16.
Equality of opportunity in matters of public employment.-
(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
the Government of, or any local or other authority within, a State or Union
territory, any requirement as to residence within that State or Union territory]
prior to such employment or appointment. [(4A)
Nothing in this article
shall prevent the State from making any provision for reservation in matters
of promotion to any class or classes of posts in the services under the
State in favour of the Scheduled Castes and the Scheduled Tribes which,
in the opinion of the State, are not adequately represented in the services
under the State.]
[(4B)
Nothing in this article shall prevent the State from considering any unfilled
vacancies of a year which are reserved for being filled up in that year
in accordance with any provision for reservation made under clause (4)
or clause (4A) as a separate class of vacancies to be filled up in any
succeeding year or years and such class of vacancies shall not be considered
together with the vacancies of the year in which they are being filled
up for determining the ceiling of fifty per cent. reservation on total
number of vacancies of that year.] (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. Abolition of Untouchability.- "Untouchability" is abolished and
its practice in any form is forbidden. The enforcement of any
disability rising out of "Untouchability" shall be an offence
punishable in accordance with law. 18. Abolition of titles.-
(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.
(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;
(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, or prevent the State from making any
law, in so far as such law imposes reasonable restrictions on the
exercise of the right conferred by the said sub-clause in the
interests of [the sovereignty and integrity of India,] the security
of the State, friendly relations with foreign States, public order,
decency or morality, or in relation to contempt of court, defamation
or incitement to an offence.]
(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 [the
sovereignty and integrity of India or] 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 [the
sovereignty and integrity of India or] public order or morality,
reasonable restrictions on the exercise of the right conferred by the
said sub-clause.
(5) Nothing in [sub-clauses (d) and (e)] 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 relates to, or prevent the State from making any law relating to,-
(i) the professional or technical qualifications necessary for
practising any profession or carrying on any occupation, trade or
business, or
(ii) the carrying on by the State, or by a corporation owned or
controlled by the State, of any trade, business, industry or service,
whether to the exclusion, complete or partial, of citizens or
otherwise]. 20. Protection in respect of conviction for offences.-
(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.
(3) No person accused of any offence shall be compelled to be a
witness against himself.
21. Protection of life and personal liberty.-
No person shall be
deprived of his life or personal liberty except according to procedure
established by law. 22. Protection against arrest and detention in certain cases.-
(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).
(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. Prohibition of traffic in human beings and forced labour.-
(1) Traffic in human beings and beggar 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. Prohibition of employment of children in factories, etc.-
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.
(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 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. Freedom to manage religious affairs.-
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. Freedom as to payment of taxes for promotion of any particular
religion.-
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. Freedom as to attendance at religious instruction or religious worship in certain educational institutions.-
(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
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.
(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.
[(1A) In making any law providing for the compulsory acquisition of
any property of any educational institution established and
administered by a minority, referred to in clause (1), the State shall
ensure that the amount fixed by or determined under such law for the
acquisition of such property is such as would not restrict or abrogate
the right guaranteed under that clause.]
(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. 31.[Compulsory acquisition of property.]
Rep. by the Constitution
(Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f. 20-6-1979).
[Saving of Certain Laws] [31A. Saving of laws providing for acquisition of estates, etc.-
(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 or article 19]: 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:] [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 applicable 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.] (2) In this article,- (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;] (b) the expression "rights", in
relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor,
under-proprietor, tenure-holder,[raiyat, under-raiyat] or other intermediary and any
rights or 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.]
[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 [all or
any of the principles laid down in 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 or article 19]; 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 effect 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.] [31D. [Saving of laws in respect of anti-national activities.]
Rep.
by the Constitution (Forty-third Amendment) Act, 1977, s. 2 (w.e.f. 13-4-1978).
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 (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
Constition. [32A. [Constitutional validity of State laws not to
be considered in proceedings under article 32.]
Rep. by the Constitution (Forty-third
Amendment) Act, 1977, s. 3 (w.e.f. 13-4-1978).
(b) the members of
the Forces charged with the maintenance of public order; or (c) persons employed in any
bureau or other organisation established by the State for purposes of intelligence or
counter intelligence; or (d) persons employed in, or in connection with, the
telecommunication systems set up for the purposes of any Force, bureau or organisation
referred to in clauses (a) to (c), 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); (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. Explanation.-In this article,
the expression "law in force" has the same meaning as in article 372.