Fundamental Rights
Part
III Fundamental Rights
Article
12 Definition
In this Part, unless the context otherwise
required, "the State" includes the Governmental 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.
Article
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 required, - (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repealed, notwithstanding that any such law or any part thereof may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 .
Article
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.
Article
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 ground 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 whole or partly out of State funds or dedicated to
the use of 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) or
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.
Article
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.
(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.
(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.
(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.
Article
17 Abolition of Untouchability
"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.
Article
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.
Article
19 Protection of certain rights regarding freedom of speech,
etc.
(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; and
(f) to
practice 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 interest of the sovereignty and integrity of India or public
order, reasonable restrictions on 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 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-clause (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 Schedule 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 practicing 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.
Article
20 Protection in respect of conviction for offenses
(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, not 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.
Article
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.
Article
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 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 authorize 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).
Article
23 Prohibition of traffic in human beings and forced labour
(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 ground only of religion, race, caste or
class or any of them.
Article
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.
Article
25 Freedom of conscience and free profession, practice and
propagation of religion
(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, practice 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
reli- gious 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.
Article
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.
Article
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.
Article
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
minor, his guardian has given his consent thereto.
Article
29 Protection of interests of minorities
(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.
Article
30 Right of minorities to establish and administer educational
institutions
(1) All minorities, whether based on
religion or language, shall have the right to establish and
administer educational institutions of their choice.
(1A) In
making any law providing for the compulsory acquisition of any
property of an 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.
Article
31 Compulsory acquisition of property
{...}
Article
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 share-holders 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 and 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 tenure 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 of 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.
Article
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 provision thereof shall be deemed to be void, or even 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.
Article
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.
Article
31D Saving of laws in respect of anti-national activities
{...}
Article
32 Remedies for enforcement of rights conferred by this Part
(1)
The right to move the Supreme Court by appropriate proceedings for
the enforcement of the rights conferred by this Part is
guaranteed.
(2) The Supreme Court shall have power to issue
directions or orders or writs, including writs in the nature of
habeas corpus, mandamus, prohibition, quo warranto and certiorari,
whichever may be appropriate, for the enforcement of any of the
rights conferred by this Part.
(3) Without prejudice to the
powers conferred on the Supreme Court by clauses (1) and (2),
Parliament may by law empower any other court to exercise within the
local limits of its jurisdiction all or any of the powers exercisable
by the Supreme Court under clause (2).
(4) The right guaranteed
by this article shall not be suspended except as otherwise provided
for by this Constitution.
Article
32A Constitutional validity of State laws not to be considered in
proceedings under article 32
{...}
Article
33 Power of Parliament to modify the rights conferred by this Part in
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, -
(a) the members of the Armed
Forces; or
(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.
Article
34 Restriction on rights conferred by this Part while marital 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 person in
respect of
any act done by him in connection with the
maintenance or restoration or 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.
Article
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 .
Constitution of India
| Preamble
| Union and its Territory
| Citizenship
| Fundamental Rights
| General Fundamental Rights
| Right to Equality
| Right to Freedom
| Right against Exploitation
| Right to Freedom of Religion
| Cultural and Educational Rights
| Saving of Certain Laws
| Right to Constitutional Remedies
| Directive Principles Of State Policy
| Fundamental Duties
| Union
| Executive
| President and Vice President
| Council of Ministers
| Attorney General for India
| Conduct of Government Business
| Parliament
| General Parliament
| Officers of Parliament
| Conduct of Business
| Disqualifications of Members
| Parliament and its Members
| Legislative Procedure
| Procedure in Financial Matters
| Procedure Generally
| Legislative Powers of the President
| Union Judiciary
| Comptroller and Auditor General of India
| General The States
| Governor
| Advocate General for the State
| State Legislature
| General State Legislature
| Officers of the State Legislature
| Powers Privileges and Immunities
| Legislative Power of The Governor
| High Courts in the States
| Subordinate Courts
| States in Part B of the First Schedule
| Union Territories
| Panchayats
| Municipalities
| Scheduled and Tribal Areas
| Relations Between The Union and the States
| Legislative Relations
| Administrative Relations
| General Administrative Relations
| Disputes relating to Waters
| Co ordination between States
| Finance Property Contracts and Suits
| Finance
| General Finance
| Distribution of Revenues
| Miscellaneous Financial Provisions
| Borrowing
| Property Contracts Rights and Suits
| Right to Property
| Trade Commerce and Intercourse Within the Territory
| Services Under the Union and the States
| Services
| Public Service Commissions
| Tribunals
| Elections
| Special Provisions Relating to Certain Classes
| Official Language
| Language of the Union
| Regional Languages
| Language of the Supreme Court
| Special Directives
| Emergency Provisions
| Miscellaneous
| Amendment of the Constitution
| Temporary Transitional and Special Provisions
| Short Title Commencement Authoritative
| First Schedule
| Second Schedule
| Second Schedule Part A
| Second Schedule Part B
| Second Schedule Part C
| Second Schedule Part D
| Second Schedule Part E
| Third Schedule
| Fourth Schedule
| Fifth Schedule
| Fifth Schedule Part A
| Fifth Schedule Part B
| Fifth Schedule Part C
| Fifth Schedule Part D
| Sixth Schedule
| Seventh Schedule
| Eighth Schedule
| Ninth Schedule
| Tenth Schedule
| Eleventh Schedule
| Twelfth Schedule
| Appendix I
| Appendix II
| |