Right to equality

Right to equality is an important right provided for in Articles 14, 15, 16, 17 and 18 of the constitution. t is the principal foundation of all other rights and li!erties, and guarantees the follo"ing#

$quality !efore la"# Article 14 of the constitution guarantees that all citi%ens shall !e equally protected !y the la"s of the country. t means that the &tate '5( cannot discriminate against a citi%en on the !asis of caste, creed, colour, se), religion or place of !irth.'1*( According to the Electricity Act of +6 ,anuary +--* the .arliament has the po"er to create special courts'14( for the speedy trial of offences committed !y persons holding high offices. /reation of special courts is not a violation of this right. &ocial equality and equal access to pu!lic areas# Article 15 of the constitution states that no person shall !e discriminated on the !asis of caste, colour, language etc. $very person shall have equal access to pu!lic places li0e pu!lic par0s, museums, "ells, !athing ghats and temples etc. 1o"ever, the &tate may ma0e any special provision for "omen and children. &pecial provisions may !e made for the advancements of any socially or educationally !ac0"ard class or scheduled castes or scheduled tri!es.'15( $quality in matters of pu!lic employment# Article 16 of the constitution lays do"n that the &tate cannot discriminate against anyone in the matters of employment. All citi%ens can apply for government 2o!s. 3here are some e)ceptions. 3he .arliament may enact a la" stating that certain 2o!s can only !e filled !y applicants "ho are domiciled in the area. 3his may !e meant for posts that require 0no"ledge of the locality and language of the area. 3he &tate may also reserve posts for mem!ers of !ac0"ard classes, scheduled castes or scheduled tri!es "hich are not adequately represented in the services under the &tate to !ring up the "ea0er sections of the society. Also, there a la" may !e passed "hich requires that the holder of an office of any religious institution shall also !e a person professing that particular religion.'16( According to the Citizenship (Amendment) Bill, +--*, this right shall not !e conferred to overseas citi%ens of ndia.'4( A!olition of untoucha!ility# Article 17 of the constitution a!olishes the practice of untoucha!ility. .ractice of untoucha!ility is an offense and anyone doing so is punisha!le !y la".'17( 3he Untouchability Offences Act of 1455 5renamed to Protection of Civil Ri hts Act in 14766 provided penalties for preventing a person from entering a place of "orship or from ta0ing "ater from a tan0 or "ell. A!olition of 3itles# Article 18 of the constitution prohi!its the &tate from conferring any titles. /iti%ens of ndia cannot accept titles from a foreign &tate.'18( 3he 7ritish government had created an aristocratic class 0no"n as Rai Bahadurs and !han Bahadurs in ndia 8 these titles "ere also a!olished. 1o"ever,

9ilitary and academic distinctions can !e conferred on the citi%ens of ndia. 3he a"ards of Bharat Ratna and Padma "ibhushan cannot !e used !y the recipient as a title and do not, accordingly, come "ithin the constitutional prohi!ition:.'14( 3he &upreme /ourt, on 15 ;ecem!er 1445, upheld the validity of such a"ards.

[edit] Right to freedom

3he /onstitution of ndia contains the right to freedom, given in articles 14, +-, +1 and ++, "ith the vie" of guaranteeing individual rights that "ere considered vital !y the framers of the constitution. 3he right to freedom in Article 14 guarantees the follo"ing si) freedoms#'+-(

<reedom of speech and e)pression, "hich ena!le an individual to participate in pu!lic activities. 3he phrase, :freedom of press: has not !een used in Article 14, !ut freedom of e)pression includes freedom of press. Reasona!le restrictions can !e imposed in the interest of pu!lic order, security of &tate, decency or morality. <reedom to assem!le peacefully "ithout arms, on "hich the &tate can impose reasona!le restrictions in the interest of pu!lic order and the sovereignty and integrity of ndia. <reedom to form associations or unions on "hich the &tate can impose reasona!le restrictions on this freedom in the interest of pu!lic order, morality and the sovereignty and integrity of ndia. <reedom to move freely throughout the territory of ndia though reasona!le restrictions can !e imposed on this right in the interest of the general pu!lic, for e)ample, restrictions may !e imposed on movement and travelling, so as to control epidemics. <reedom to reside and settle in any part of the territory of ndia "hich is also su!2ect to reasona!le restrictions !y the &tate in the interest of the general pu!lic or for the protection of the scheduled tri!es !ecause certain safeguards as are envisaged here seem to !e 2ustified to protect indigenous and tri!al peoples from e)ploitation and coercion.'+1( Article *7- restricts citi%ens from other ndian states and =ashmiri "omen "ho marry men from other states from purchasing land or property in ,ammu > =ashmir.'++( <reedom to practice any profession or to carry on any occupation, trade or !usiness on "hich the &tate may impose reasona!le restrictions in the interest of the general pu!lic. 3hus, there is no right to carry on a !usiness "hich is dangerous or immoral. Also, professional or technical qualifications may !e prescri!ed for practicing any profession or carrying on any trade.

3he constitution also guarantees the right to life and personal li!erty, "hich in turn cites specific provisions in "hich these rights are applied and enforced#

.rotection "ith respect to conviction for offences is guaranteed in the right to life and personal li!erty. According to Article +-, no one can !e a"arded punishment "hich is more than "hat the la" of the land prescri!es at that time. 3his legal a)iom is !ased on the principle that no criminal la" can !e made retrospective, that is, for an act to !ecome an offence, the essential condition is that it should have !een an offence legally at the time of committing it. 9oreover, no person accused of any offence shall !e compelled to !e a "itness against himself. :/ompulsion: in this article refers to "hat in la" is called :;uress: 5in2ury, !eating or unla"ful imprisonment to ma0e a person do something that he does not "ant to do6. 3his article is 0no"n as a safeguard against self incrimination. 3he other principle enshrined in this article is 0no"n as the principle of dou!le 2eopardy, that is, no person can !e convicted t"ice for the same offence, "hich has !een derived from Anglo &a)on la". 3his principle "as first esta!lished in the 9agna /arta.'+*( .rotection of life and personal li!erty is also stated under right to life and personal li!erty. Article +1 declares that no citi%en can !e denied his life and li!erty e)cept !y la".'+4( 3his means that a person?s life and personal li!erty can only !e disputed if that person has committed a crime. 1o"ever, the right to life does not include the right to die, and hence, suicide or an attempt thereof, is an offence. 5Attempted suicide !eing interpreted as a crime has seen many de!ates. 3he &upreme /ourt of ndia gave a landmar0 ruling in the year 1444. 3he court repealed section *-4 of the ndian penal code, under "hich people attempting suicide could face prosecution and prison terms of up to one year.'+5( n the year 1446 ho"ever another &upreme /ourt ruling nullified the earlier one. '+6(6 :.ersonal li!erty: includes all the freedoms "hich are not included in Article 14 5that is, the si) freedoms6. 3he right to travel a!road is also covered under :personal li!erty: in Article +1.'+7( n +--+, through the 86th Amendment Act, Article +15A6 "as incorporated. t made the right to primary education part of the right to freedom, stating that the &tate "ould provide free and compulsory education to children from si) to fourteen years of age.'+8( &i) years after an amendment "as made in the ndian /onstitution, the union ca!inet cleared the Right to $ducation 7ill in +--8. t is no" soon to !e ta!led in .arliament for approval !efore it ma0es a fundamental right of every child to get free and compulsory education. '+4( Rights of a person arrested under ordinary circumstances is laid do"n in the right to life and personal li!erty. @o one can !e arrested "ithout !eing told the grounds for his arrest. f arrested the person has the right to defend himself !y a la"yer of his choice. Also an arrested citi%en has to !e !rought !efore the nearest magistrate "ithin +4 hours. 3he rights of a person arrested under ordinary circumstances are not availa!le to an enemy alien. 3hey are also not availa!le to persons detained under the Preventive #etention Act. Ander preventive detention, the government can imprison a person for a ma)imum of three months. t means that if the government feels that a person !eing at li!erty can !e a threat to the la" and order

or to the unity and integrity of the nation, it can detain or arrest that person to prevent him from doing this possi!le harm. After three months such a case is !rought !efore an advisory !oard for revie".'*-( 3he constitution also imposes restrictions on these rights. 3he government restricts these freedoms in the interest of the independence, sovereignty and integrity of ndia. n the interest of morality and pu!lic order, the government can also impose restrictions. 1o"ever, the right to life and personal li!erty cannot !e suspended. 3he si) freedoms are also automatically suspended or have restrictions imposed on them during a state of emergency.

[edit] Right against exploitation

Child labour and 7egar is prohi!ited under Right against e)ploitation. 3he right against e)ploitation, given in Articles +* and +4, provides for t"o provisions, namely the a!olition of traffic0ing in human !eings and Be ar 5forced la!or6,'*1( and a!olition of employment of children !elo" the age of 14 years in dangerous 2o!s li0e factories and mines. /hild la!our is considered a gross violation of the spirit and provisions of the constitution.'*+( Be ar, practised in the past !y landlords, has !een declared a crime and is punisha!le !y la". 3raffic0ing in humans for the purpose of slave trade or prostitution is also prohi!ited !y la". An e)ception is made in employment "ithout payment for compulsory services for pu!lic purposes. /ompulsory military conscription is covered !y this provision.'*1(

[edit] Right to freedom of religion

Right to freedom of religion, covered in Articles +5, +6, +7 and +8, provides religious freedom to all citi%ens of ndia. 3he o!2ective of this right is to sustain the principle of secularism in ndia. According to the /onstitution, all religions are equal !efore the &tate and no religion shall !e given preference over the other. /iti%ens are free to preach, practice and propagate any religion of their choice. 1o"ever, certain practices li0e "earing and carrying of !irpans in the profession of the &i0h religion, can !e restricted in the interest of pu!lic order, morality and health.'**( Religious communities can set up charita!le institutions of their o"n. 1o"ever, activities in such institutions "hich are not religious are performed according to the la"s laid do"n !y the government. $sta!lishing a charita!le institution can also !e restricted in the interest of pu!lic order, morality and health.'*4( @o person shall !e compelled to pay ta)es for the promotion of a particular religion.'*5( A &tate run institution cannot impart education that is proBreligion.'*6( Also, nothing in this article shall affect the operation of any e)isting la" or prevent the &tate from ma0ing any further la" regulating or

restricting any economic, financial, political or other secular activity "hich may !e associated "ith religious practice, or providing for social "elfare and reform.'**( 3he right to feedom of religion gives the follo"ing freedoms# 1.to practise any religon, +.to follo" it according to their specific "ays and *.to preach it. 3he only limitation imposed on this fundamental right is that nothing should !e done to malign or incite voilence among the follo"ers of other religion.

[edit] Cultural and educational rights

3he <lag of ndia As ndia is a country of many languages, religions, and cultures, the /onstitution provides special measures, in Articles +4 and *-, to protect the rights of the minorities. Any community "hich has a language and a script of its o"n has the right to conserve and develop them. @o citi%en can !e discriminated against for admission in &tate or &tate aided institutions.'*7( All minorities, religious or linguistic, can set up their o"n educational institutions in order to preserve and develop their o"n culture. n granting aid to institutions, the &tate cannot discriminate against any institution on the !asis of the fact that it is administered !y a minority institution.'*8( 7ut the right to administer does not mean that the &tate can not interfere in case of maladministration. n a precedentBsetting 2udgment in 148-, the &upreme /ourt held that :the &tate can certainly ta0e regulatory measures to promote the efficiency and e)cellence of educational standards. t can also issue guidelines for ensuring the security of the services of the teachers or other employees of the institution. n another landmar0 2udgement delivered on *1 Ccto!er +--+, the &upreme /ourt ruled that in case of aided minority institutions offering professional courses, admission could only !e through a common entrance test conducted !y &tate or a university. $ven an unaided minority institution ought not to ignore the merit of the students for admission.

[edit] Right to constitutional remedies

Right to constitutional remedies empo"ers the citi%ens to move a court of la" in case of any denial of the fundamental rights. <or instance, in case of imprisonment, the citi%en can as0 the court to see if it is according to the provisions of the la" of the country. f the court finds that it is not, the person "ill have to !e freed. 3his procedure of as0ing the courts to preserve or safeguard the citi%ens? fundamental rights can !e done in various "ays. 3he courts can issue various 0inds of $rits. 3hese "rits are habeas corpus, mandamus, prohibition, %uo $arranto and certiorari. Dhen a national or state emergency is declared, this right is suspended !y the central government.'*4(

[edit] Right to property a former fundamental right

3he /onstitution originally provided for the right to property under Articles 14 and *1. Article 14 guaranteed to all citi%ens the right to acquire, hold and dispose off property. Article *1 provided that :no person shall !e deprived of his property save !y authority of la".: t also provided that compensation "ould !e paid to a person "hose property has !een ta0en for pu!lic purposes. 3he provisions relating to the right to property "ere changed a num!er of times. 3he 44th amendment act of 1478 deleted the right to property from the list of <undamental Rights. '4-( A ne" article, Article *--BA, "as added to the constitution "hich provided that :no person shall !e deprived of his property save !y authority of la":. 3hus if a legislature ma0es a la" depriving a person of his property, there "ould !e no o!ligation on the part of the &tate to pay anything as compensation. 3he aggrieved person shall have no right to move the court under Article *+. 3hus, the right to property is no longer a fundamental right, though it is still a constitutional right. f the government appears to have acted unfairly, the action can !e challenged in a court of la" !y citi%ens.'41(

Revival

Dith the Ei!erali%ation of the economy and govt?s initiative to setup special economic %ones has led to many protest !y farmers and have thro"n the fundamental right to private property reinstatement'4+(.3he supreme /ourt has sent a notice to the govt questioning "hy the right shouldn?t !e !rought !ac0 as in +--7 3he supreme court unanimously said that the fundamental rights are a !asic structure of the constitution and cannot !e removed or diluted.

[edit] Critical analysis

3he <undamental Rights have !een criticised for many reasons. .olitical groups have demanded that the right to "or0, the right to economic assistance in case of unemployment, old age, and similar rights !e enshrined as constitutional guarantees to address issues of poverty and economic insecurity, '41( though these provisions have !een enshrined in the ;irective .rinciples of state policy.'4*( 3he right to freedom and personal li!erty has a num!er of limiting clauses, and thus have !een critici%ed for failing to chec0 the sanctioning of po"ers often deemed :e)cessive:.'41( 3here is also the provision of preventive detention and suspension of <undamental Rights in times of $mergency. 3he provisions of acts li0e the 9aintenance of nternal &ecurity Act 59 &A6 and the @ational &ecurity Act 5@&A6 are a means of countering the fundamental rights, !ecause they sanction e)cessive po"ers "ith the aim of fighting internal and crossB!order terrorism and political violence, "ithout safeguards for civil rights.'41( 3he phrases :security of &tate:, :pu!lic order: and :morality: are of "ide implication. .eople of alternate se)uality is criminali%ed in ndia "ith prison term up to 1- years. 3he meaning of phrases li0e :reasona!le restrictions: and :the interest of pu!lic order: have not !een e)plicitly stated in the constitution, and this am!iguity leads to unnecessary litigation.'41( 3he

freedom to assem!le peaca!ly and "ithout arms is e)ercised, !ut in some cases, these meetings are !ro0en up !y the police through the use of nonBfatal methods.'44('45( :<reedom of press: has not !een included in the right to freedom, "hich is necessary for formulating pu!lic opinion and to ma0e freedom of e)pression more legitimate.'41( $mployment of child la!our in ha%ardous 2o! environments has !een reduced, !ut their employment even in nonBha%ardous 2o!s, including their prevalent employment as domestic help violates the spirit and ideals of the constitution. 9ore than 16.5 million children are employed and "or0ing in ndia.'46( ndia "as ran0ed 88 out of 154 in +--5, according to the degree to "hich corruption is perceived to e)ist among pu!lic officials and politicians "orld"ide.'47( 3he right to equality in matters regarding pu!lic employment shall not !e conferred to Cverseas citi%ens of ndia, according to the Citizenship (Amendment) Bill, +--*.'4(

[edit] Amendments
/hanges in <undamental Rights require a /onstitutional amendment "hich has to !e passed !y a special ma2ority of !oth houses of the .arliament. 3his means that an amendment requires the approval of t"oBthirds of the mem!ers present and voting. 1o"ever, the num!er of mem!ers voting should not !e less than the simple ma2ority of the house 8 "hether the Eo0 &a!ha or Ra2ya &a!ha.

3he right to property "as originally included as a fundamental right. 1o"ever, the 44th Amendment passed in 1478, revised the status of property rights !y stating that :@o person shall !e deprived of his property save !y authority of la": to further the goals of socialism.'4-( 3he right to education at elementary level has !een made one of the <undamental Rights under right to life and personal li!erty !y the 86th constitutional amendment of +--+.'+8(

Contents
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1 Article 1+ F;efinitionG + Article 1* FEa"s inconsistent "ith or in derogation of the fundamental rightsG * Article 14 F$quality !efore la"G 4 Article 15 F.rohi!ition of discrimination on grounds of religion, race, caste, se) or place of !irthG 5 Article 16 F$quality of opportunity in matters of pu!lic employmentG 6 Article 17 FA!olition of Antoucha!ilityG 7 Article 18 FA!olition of titlesG 8 Article 14 F.rotection of certain rights regarding freedom of speech, etc.G 4 Article +- F.rotection in respect of conviction for offensesG 1- Article +1 F.rotection of life and personal li!ertyG 11 Article ++ F.rotection against arrest and detention in certain casesG

1+ Article +* F.rohi!ition of traffic in human !eings and forced la!ourG 1* Article +4 F.rohi!ition of employment of children in factories, etc.G 14 Article +5 F<reedom of conscience and free profession, practice and propagation of religionG 15 Article +6 F<reedom to manage religious affairsG 16 Article +7 F<reedom as to payment of ta)es for promotion of any particular religionG 17 Article +8 F<reedom as to attendance at religious instruction or religious "orship in certain educational institutionsG 18 Article +4 F.rotection of interests of minoritiesG 14 Article *- FRight of minorities to esta!lish and administer educational institutionsG +- Article *1 F/ompulsory acquisition of propertyG o +-.1 Article *1A F&aving of la"s providing for acquisition of estates, etc.G o +-.+ Article *17 FHalidation of certain Acts and RegulationsG o +-.* Article *1/ F&aving of la"s giving effect to certain directive principlesG o +-.4 Article *1; F&aving of la"s in respect of antiBnational activitiesG +1 Article *+ FRemedies for enforcement of rights conferred !y this .artG ++ Article ** F.o"er of .arliament to modify the rights conferred !y this .art in their application to <orces, etc.G +* Article *4 FRestriction on rights conferred !y this .art "hile martial la" is in force in any areaG +4 Article *5 FEegislation to give effect to the provisions of this .artG

[edit] Article 12 {Definition}

n this .art, unless the conte)t other"ise required, :the &tate: includes the Iovernmental and .arliament of ndia and the Iovernment and the Eegislature of each of the &tates and all local or other authorities "ithin the territory of ndia or under the control of the Iovernment of ndia.

[edit] Article 13 { a!s inconsistent !ith or in derogation of the fundamental rights}

1. All la"s in force in the territory of ndia immediately !efore the commencement of this /onstitution, in so far as they are inconsistent "ith the provisions of this .art, shall, to the e)tent of such inconsistency, !e void. +. 3he &tate shall not ma0e any la" "hich ta0es a"ay or a!ridges the rights conferred !y this .art and any la" made in contravention of this clause shall, to the e)tent of the contravention, !e void. *. n this article, unless the conte)t other"ise required, B

a. :la": includes any Crdinance, order, !yeBla", rule, regulation, notification, custom or usage having in the territory of ndia the force of la"J !. :la"s in force: includes la"s passed or made !y a Eegislature or other competent authority in the territory of ndia !efore the commencement of this /onstitution and not previously repealed, not"ithstanding that any such la" or any part thereof may not !e then in operation either at all or in particular areas. 4. @othing in this article shall apply to any amendment of this /onstitution made under article *68.

[edit] Article 14 {"quality before la!}

3he &tate shall not deny to any person equality !efore the la" or the equal protection of the la"s "ithin the territory of ndia.

[edit] Article 15 {#rohibition of discrimination on grounds of religion$ race$ caste$ sex or place of birth}
1. 3he &tate shall not discriminate against any citi%en on grounds only of religion, race, caste, se), place of !irth or any of them. +. @o citi%en shall, on ground only of religion, race, caste, se), place of !irth or any of them, !e su!2ect to any disa!ility, lia!ility, restriction or condition "ith regard to B a. access to shops, pu!lic restaurants, hotels and places of pu!lic entertainmentJ or !. the use of "ells, tan0s, !athing ghats, roads and places of pu!lic resort maintained "hole or partly out of &tate funds or dedicated to the use of general pu!lic. *. @othing in this article shall prevent the &tate from ma0ing any special provision for "omen and children. 4. @othing in this article or in clause 5+6 or article +4 shall prevent the &tate from ma0ing any special provision for the advancement of any socially and educationally !ac0"ard classes of citi%ens or for the &cheduled /astes and the &cheduled 3ri!es.

[edit] Article 16 {"quality of opportunity in matters of public employment}

1. 3here shall !e equality of opportunity for all citi%ens in matters relating to employment or appointment to any office under the &tate.

+. @o citi%en shall, on grounds only of religion, race, caste, se), descent, place of !irth, residence or any of them, !e ineligi!le for, or discriminated against in respect of, any employment or office under the &tate. *. @othing in this article shall prevent .arliament from ma0ing any la" prescri!ing, in regard to a class or classes of employment or appointment to an office under the Iovernment of, or any local or other authority "ithin, a &tate or Anion territory, any requirement as to residence "ithin that &tate or Anion territory prior to such employment or appointment. 4. @othing in this article shall prevent the &tate from ma0ing any provision for the reservation of appointments or posts in favour of any !ac0"ard class of citi%ens "hich, in the opinion of the &tate, is not adequately represented in the services under the &tate. 54A6 @othing in this article shall prevent the &tate from ma0ing any provision for reservation in matters of promotion to any class or classes of posts in the services under the &tate in favour of the &cheduled /astes and the &cheduled 3ri!es "hich, in the opinion of the &tate, are not adequately represented in the services under the &tate. 5. @othing in this article shall affect the operation of any la" "hich provides that the incum!ent of an office in connection "ith the affairs of any religious or denominational institution or any mem!er of the governing !ody thereof shall !e a person professing a particular religion or !elonging to a particular denomination.

[edit] Article 17 {Abolition of %ntouchability}

:Antoucha!ility: is a!olished and its practice in any form is for!idden. 3he enforcement of any disa!ility arising out of :Antoucha!ility: shall !e an offence punisha!le in accordance "ith la".

[edit] Article 18 {Abolition of titles}

1. @o title, not !eing a military or academic distinction, shall !e conferred !y the &tate. +. @o citi%en of ndia shall accept any title from any foreign &tate. *. @o person "ho is not a citi%en of ndia shall, "hile he holds any office of profit or trust under the &tate, accept "ithout the consent of the .resident any title from any foreign &tate. 4. @o person holding any office of profit or trust under the &tate shall, "ithout the consent of the .resident, accept any present, emolument, or office of any 0ind from or under any foreign &tate.

[edit] Article 19 {#rotection of certain rights regarding freedom of speech$ etc&}

1. All citi%ens shall have the right B a. to freedom of speech and e)pressionJ !. to assem!le peacea!ly and "ithout armsJ c. to form associations or unionsJ d. to move freely throughout the territory of ndiaJ e. to reside and settle in any part of the territory of ndiaJ and f. KKK 5repealed6 g. to practice any profession, or to carry on any occupation, trade or !usiness. +. @othing in su!Bclause 5a6 of clause 516 shall affect the operation of any e)isting la", or prevent the &tate from ma0ing any la", in so far as such la" imposes reasona!le restrictions on the e)ercise of the right conferred !y the said su!B clause in the interests of the sovereignty and integrity of ndia, the security of the &tate, friendly relations "ith foreign &tates, pu!lic order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. *. @othing in su!Bclause 5!6 of the said clause shall affect the operation of any e)isting la" in so far as it imposes, or prevent the &tate from ma0ing any la" imposing, in the interest of the sovereignty and integrity of ndia or pu!lic order, reasona!le restrictions on the right conferred !y the said su!Bclause. 4. @othing in su!Bclause 5c6 of the said clause shall affect the operation of any e)isting la" in so far as it imposes, or prevent the &tate from ma0ing any la" imposing, in the interests of the sovereignty and integrity of ndia or pu!lic order or morality, reasona!le restrictions on the e)ercise of the right conferred !y the said su!Bclause. 5. @othing in su!Bclause 5d6 and 5e6 of the said clause shall affect the operation of any e)isting la" in so far as it imposes, or prevent the &tate from ma0ing any la" imposing, reasona!le restrictions on the e)ercise of any of the rights conferred !y the said su!Bclauses either in the interests of the general pu!lic or for the protection of the interests of any &chedule 3ri!e. 6. @othing in su!Bclause 5g6 of the said clause shall affect the operation of any e)isting la" in so far as it imposes, or prevent the &tate from ma0ing any la" imposing, in the interests of the general pu!lic, reasona!le restrictions on the e)ercise of the right conferred !y the said su!Bclause, and, in particular, nothing in the said su!Bclause shall affect the operation of any e)isting la" in so far as it relates to, or prevent the &tate from ma0ing any la" relating to, B i. ii. the professional or technical qualifications necessary for practicing any profession or carrying on any occupation, trade or !usiness, or the carrying on !y the &tate, or !y a corporation o"ned or controlled !y the &tate, of any trade, !usiness, industry or service, "hether to the e)clusion, complete or partial, of citi%ens or other"ise.

[edit] Article 20 {#rotection in respect of con'iction for offenses}

1. @o person shall !e convicted of any offence e)cept for violation of a la" in force at the time of the commission of the act charged as an offence, not !e su!2ected to a penalty greater than that "hich might have !een inflicted under the la" in force at the time of the commission of the offence. +. @o person shall !e prosecuted and punished for the same offence more than once. *. @o person accused of any offence shall !e compelled to !e a "itness against himself.

[edit] Article 21 {#rotection of life and personal liberty}

@o person shall !e deprived of his life or personal li!erty e)cept according to procedure esta!lished !y la".

[edit] Article 22 {#rotection against arrest and detention in certain cases}

1. @o person "ho is arrested shall !e detained in custody "ithout !eing informed, as soon as may !e, of the grounds for such arrest nor shall he !e denied the right to consult, and to !e defended !y, a legal practitioner of his choice. +. $very person "ho is arrested and detained in custody shall !e produced !efore the nearest magistrate "ithin a period of t"entyBfour hours of such arrest e)cluding the time necessary for the 2ourney from the place of arrest to court of the magistrate and no such person shall !e detained in custody !eyond the said period "ithout the authority of a magistrate. *. @othing in clauses 516 and 5+6 shall apply B a. to any person "ho for the time !eing is an enemy alienJ or !. to any person "ho is arrested or detained under any la" providing for preventive detention. 4. @o la" providing for preventive detention shall authori%e the detention of a person for a longer period than three months unless B a. an Advisory 7oard consisting of persons "ho are, or have !een, or are qualified to !e appointed as, ,udges of a 1igh /ourt has reported !efore the e)piration of the said period of three months that there is in its opinion sufficient cause for such detention# .rovided that nothing in this su!B clause shall authorise the detention of any person !eyond the ma)imum period prescri!ed !y any la" made !y .arliament under su!Bclause !. of clause 576J or c. &uch person is detained in accordance "ith the provisions of any la" made !y .arliament under su!Bclauses 5a6 and 5!6 of clause 576. 5. Dhen any person is detained in pursuance of an order made under any la" providing for preventive detention, the authority ma0ing the order shall, as soon as may !e, communicate to such person the grounds on "hich the order has !een made and shall afford him the earliest opportunity of ma0ing a representation against the order.

6. @othing in clause 556 shall require the authority ma0ing any such order as is referred to in that clause to disclose facts "hich such authority considers to !e against the pu!lic interest to disclose. 7. .arliament may !y la" prescri!e B a. the circumstances under "hich, and the class or classes of cases in "hich, a person may !e detained for a period longer than three months under any la" providing for preventive detention "ithout o!taining the opinion of an Advisory 7oard in accordance "ith the provisions of su!Bclause 5a6 of clause 546J !. the ma)imum period for "hich any person may in any class or classes of cases !e detained under any la" providing for preventive detentionJ and c. the procedure to !e follo"ed !y an Advisory 7oard in an inquiry under su!Bclause 5a6 of clause 546.

[edit] Article 23 {#rohibition of traffic in human beings and forced labour}

1. 3raffic in human !eings and !egar and other similar forms of forced la!our are prohi!ited and any contravention of this provision shall !e an offence punisha!le in accordance "ith la". +. @othing in this article shall prevent the &tate from imposing compulsory service for pu!lic purposes, and in imposing such service the &tate shall not ma0e any discrimination on ground only of religion, race, caste or class or any of them.

[edit] Article 24 {#rohibition of employment of children in factories$ etc&}

@o child !elo" the age of fourteen years shall !e employed to "or0 in any factory or mine or engaged in any other ha%ardous employment.

[edit] Article 25 {(reedom of conscience and free profession$ practice and propagation of religion}
1. &u!2ect to pu!lic order, morality and health and to the other provisions of this .art, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion. +. @othing in this article shall affect the operation of any e)isting la" or prevent the &tate from ma0ing any la" B a. regulating or restricting any economic, financial, political or other secular activity "hich may !e associated "ith religious practiceJ !. providing for social "elfare and reform or the thro"ing open of 1indu reliB gious institutions of a pu!lic character to all classes and sections of 1indus.

'$)planation # 3he "earing and carrying of 0irpans shall !e deemed to !e included in the profession of the &i0h religion.( '$)planation # n su!B/lause 5!6 of clause 5+6, the reference to 1indus shall !e construed as including a reference to persons professing the &i0h, ,aina or 7uddhist religion, and the reference to 1indu religious institutions shall !e construed accordingly.(

[edit] Article 26 {(reedom to manage religious affairs}

&u!2ect to pu!lic order, morality and health, every religious denomination or any section thereof shall have the right B a. !. c. d. to esta!lish and maintain institutions for religious and charita!le purposesJ to manage its o"n affairs in matters of religionJ to o"n and acquire mova!le and immova!le propertyJ and to administer such property in accordance "ith la".

[edit] Article 27 {(reedom as to payment of taxes for promotion of any particular religion}
@o person shall !e compelled to pay any ta)es, the proceeds of "hich are specifically appropriated in payment of e)penses for the promotion or maintenance of any particular religion or religious denomination.

[edit] Article 28 {(reedom as to attendance at religious instruction or religious !orship in certain educational institutions}
1. @o religious instruction shall !e provided in any educational institution "holly maintained out of &tate funds. +. @othing in clause 516 shall apply to an educational institution "hich is administered !y the &tate !ut has !een esta!lished under any endo"ment or trust "hich requires that religious instruction shall !e imparted in such institution. *. @o person attending any educational institution recognised !y the &tate or receiving aid out of &tate funds shall !e required to ta0e part in any religious instruction that may !e imparted in such institution or to attend any religious "orship that may !e 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 {#rotection of interests of minorities}

1. Any section of the citi%ens residing in the territory of ndia or any part thereof having a distinct language, script or culture of its o"n shall have the right to conserve the same. +. @o citi%en shall !e denied admission into any educational institution maintained !y the &tate or receiving aid out of &tate 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, "hether !ased on religion or language, shall have the right to esta!lish and administer educational institutions of their choice. 51A6 n ma0ing any la" providing for the compulsory acquisition of any property of an educational institution esta!lished and administered !y a minority, referred to in clause 516, the &tate shall ensure that the amount fi)ed !y or determined under such la" for the acquisition of such property is such as "ould not restrict or a!rogate the right guaranteed under that clause. +. 3he &tate 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, "hether !ased on religion or language.

[edit] Article 31 {Compulsory acquisition of property}

Rep. !y the /onstitution 5<ortyBfourth Amendment6 Act, 1478, s. 6 F...G

[edit] Article 31A {Saving of laws providing for acquisition of estates, etc.}
1. @ot"ithstanding anything contained in article 1*, no la" providing for B a. the acquisition !y the &tate of any estate or of any rights therein or the e)tinguishment or modification of any such rights, or !. the ta0ing over of the management of any property !y the &tate for a limited period either in the pu!lic interest or in order to secure the proper management of the property, or c. the amalgamation of t"o or more corporations either in the pu!lic interest or in order to secure the proper management of any of the corporations, or d. the e)tinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of shareBholders thereof, or e. the e)tinguishment or modification of any rights accruing !y virtue of any agreement, lease or licence for the purpose of searching for, or "inning, any mineral or mineral oil, or the premature termination or cancellation of and such agreement, lease or licence,

shall !e deemed to !e void on the ground that it is inconsistent "ith, or ta0es a"ay or a!ridges any of the rights conferred !y article 14 or article 14# .rovided that "here such la" is a la" made !y the Eegislature of a &tate, the provisions of this article shall not apply thereto unless such la", having !een reserved for the consideration of the .resident, has received his assent# .rovided further that "here any la" ma0es any provision for the acquisition !y the &tate of any estate and "here any land comprised therein is held !y a person under his personal cultivation, it shall not !e la"ful for the &tate to acquire any portion of such land as is "ithin the ceiling limit applica!le to him under any la" for the time !eing in force or any !uilding or structure standing thereon or appurtenant thereto, unless the la" relating to the acquisition of such land, !uilding or structure, provides for payment of compensation at a rate "hich shall not !e less than the mar0et value thereof. +. n this article, B a. the e)pression :estate: shall, in relation to any local area, have the same meaning as that e)pression or its local equivalent has in the e)isting la" relating to land tenure in force in that area and shall also include B i. any 2agir, inam or muafi or other similar grant and in the &tates of 3amil @adu and =erala, any 2anmam rightJ ii. any land held under ryot"ari settlementJ iii. any land held or let for purposes of agriculture of for purposes ancillary thereto, including "aste land, forest land, land for pasture or sites of !uildings and other structures occupied !y cultivators of land, agricultural la!ourers and village artisansJ !. the e)pression :rights:, in relation to an estate, shall include any rights vesting in a proprietor, su!Bproprietor, underBproprietor, tenureBholder, raiyat, underBraiyat or other intermediary and any rights or privileges in respect of land revenue.

[edit] Article 31B {Validation of certain Acts and Regulations}

Dithout pre2udice to the generality of the provisions contained in article *1A, none of the Acts and Regulations specified in the @inth &chedule nor any of the provision thereof shall !e deemed to !e void, or even to have !ecome void, on the ground that such Act, Regulation or provision is inconsistent "ith, or ta0es a"ay or a!ridges any of the rights conferred !y, any provisions of this part, and not"ithstanding any 2udgment, decree or order of any court or tri!unal to the contrary, each of the said Acts and Regulations shall, su!2ect to the po"er of any competent Eegislature to repeal or amend it, continue in force.

[edit] Article 31C {Saving of laws giving effect to certain directive principles}
@ot"ithstanding anything contained in article 1*, no la" giving effect to the policy of the &tate to"ards securing all or any of the principles laid do"n in .art H shall !e deemed to !e void on the ground that it is inconsistent "ith, or ta0es a"ay or a!ridges any of the rights conferred !y article 14 or article 14J and no la" containing a declaration that it is for giving effect to such policy shall !e called in question in any court on the ground that it does not give effect to such policy# .rovided that "here such la" is made !y the Eegislature of a &tate, the provisions of this article shall not apply thereto unless such la", having !een reserved for the consideration of the .resident, has received his assent.

[edit] Article 31D {Saving of laws in respect of anti-national activities}

Rep. !y the /onstitution 5<ortyBthird Amendment6 Act, 1477, s. +. F...G

[edit] Article 32 {Remedies for enforcement of rights conferred by this #art}

1. 3he right to move the &upreme /ourt !y appropriate proceedings for the enforcement of the rights conferred !y this .art is guaranteed. +. 3he &upreme /ourt shall have po"er to issue directions or orders or "rits, including "rits in the nature of ha!eas corpus, mandamus, prohi!ition, quo "arranto and certiorari, "hichever may !e appropriate, for the enforcement of any of the rights conferred !y this .art. *. Dithout pre2udice to the po"ers conferred on the &upreme /ourt !y clauses 516 and 5+6, .arliament may !y la" empo"er any other court to e)ercise "ithin the local limits of its 2urisdiction all or any of the po"ers e)ercisa!le !y the &upreme /ourt under clause 5+6. 4. 3he right guaranteed !y this article shall not !e suspended e)cept as other"ise provided for !y this /onstitution. Article 32A F/onstitutional validity of &tate la"s not to !e considered in proceedings under article *+G Rep. !y the /onstitution 5<ortyBthird Amendment6 Act, 1477, s. *. F...G

[edit] Article 33 {#o!er of #arliament to modify the rights conferred by this #art in their application to (orces$ etc&}
.arliament may, !y la", determine to "hat e)tent any of the rights conferred !y this .art shall, in their application to, B a. the mem!ers of the Armed <orcesJ or !. the mem!ers of the <orces charged "ith the maintenance of pu!lic orderJ or

c. persons employed in any !ureau or other organisation esta!lished !y the &tate for purposes of intelligence or counter intelligenceJ or d. persons employed in, or in connection "ith, the telecommunication systems set up for the purposes of any <orce, !ureau or organisation referred to in clauses 5a6 to 5c6, !e restricted or a!rogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.

[edit] Article 34 {Restriction on rights conferred by this #art !hile martial la! is in force in any area}
@ot"ithstanding anything in the foregoing provisions of this .art, .arliament may !y la" indemnify any person in the service of the Anion or of a &tate or any person in respect of any act done !y him in connection "ith the maintenance or restoration or order in any area "ithin the territory of ndia "here martial la" "as in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial la" in such area.

[edit] Article 35 { egislation to gi'e effect to the pro'isions of this #art}

@ot"ithstanding anything in this /onstitution, B a. .arliament shall have, and the Eegislature of a &tate shall not have, po"er to ma0e la"s B i. Dith respect to any of the matters "hich under clause 5*6 of article 16, clause 5*6 of article *+, article ** and article *4 may !e provided for !y la" made !y .arliamentJ and ii. for prescri!ing punishment for those acts "hich are declared to !e offences under this part, and .arliament shall, as soon as may !e after the commencement of this /onstitution, ma0e la"s for prescri!ing punishment for the acts referred to in su!Bclause 5ii6J !. any la" in force immediately !efore the commencement of this /onstitution in the territory of ndia "ith respect to any of the matters referred to in su!Bclause 5i6 of clause 5a6 or providing for punishment for any act referred to in su!Bclause 5ii6 of that clause shall, su!2ect to the terms thereof and to any adaptations and modifications that may !e made therein under article *7+, continue in force until altered or repealed or amended !y .arliament. '$)planation# n this article, the e)pression :la" in force: has the same meaning as in article *7+.(