Part: 3 - FUNDAMENTAL RIGHTS
Article 12
- Definition
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.
Article 13 - Laws inconsistent with or in derogation of the fundamental rights
(1) All laws in
force in the territory
of India
(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
(b) " laws in force" includes laws passed or made
by 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the commencement of this Constitution and not previously repealed,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.
1[(4) Nothing in this Article shall apply to any
amendment of this Constitution made under Article 368].
Article 14 to 18 - Right to Equality
(1) All laws in force in the territory of India
(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-la w, 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 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and not previously repealed, notwithstanding that any such law or any part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.
1[(4) Nothing in
this Article shall apply to any amendment of this Constitution made under Article
368].
1. Inserted by the Constitution (Twenty-fourth Amendment)
Act, 1971, section 2 (w.e.f. 5-11-1971).
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 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.
1[(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].
2(5) Nothing in this Article
or in sub-clause (g) of clause (1) of Article 19 shall prevent the State from
making any special provision, by law, for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes or the
Scheduled Tribes in so far as such special provisions relate to their admission
to educational institutions including private educational institutions, whether
aided or unaided by the State, other than the minority educational institutions
referred to in clause (1) of Article 30.
1. Added by the Constitution (First Amendment) Act,
1951, section. 2.
2. Inserted
vide Constitution Ninety Third Amendment Act, 2005 S.2,(w.e.f. 20.1.2006)
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 office1[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.
2[(4A) Nothing in this Article shall prevent the
State from making any provision for reservation3[in matters of
promotion, with consequential seniority, to any class] or classes of posts in
the services under the State in favour of Scheduled Castes and the Scheduled
Tribes which in the opinion of State are not adequately represented in the
services under the State.]
4[(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.
1. Substituted by the Constitution (Seventh Amendment)
Act, 1956, section 29 and Schedule., for certain words.
2. Inserted by the Constitution (Seventy-seventh
Amendment) Act, 1995, section 2 (w.e.f. 17-6-1995).
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
(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 to 22 - Right to Freedom
(1) No title, not
being a military or academic distinction, shall be conferred by the State.
(2) No citizen of India
(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
2[***]
(g) to practise any profession, or to carry on any
occupation, trade or business.
3[(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 of4[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 of4[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 of4[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 in5[sub-clauses (d) and (e)] of the
said clause shall affect the operation of any existing law in so far as it
imposes, or prevents 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,6[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].
2. Sub-clause (f) omitted by the Constitution
(Forty-fourth Amendment) Act, 1978, section 2, (w.e.f. 20-6-1979).
3. Substituted by the Constitution (First Amendment)
Act, 1951, section 3, for clause (2) with retrospective effect.
5 . Substituted by the Constitution (Forty-fourth
Amendment) Act, 1978, section 2, for "sub-clauses (d), (e) and (f)"
(w.e.f. 20-6-1979).
6 . Substituted by the Constitution
(First Amendment) Act, 1951, section 3, for certain words.
Article 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 lime 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 21A - Right to education
1[21A. Right to education
The State shall provide free and compulsory education to
all children of the age of six to fourteen years in such manner as the State
may, by law, determine.]
1. Inserted by Constitution (Eighty Sixth Amendment) Act,
2002. S.2 (which is yet not in force, date to be notified later on)
Article 22 - Protection against arrest and detention in certain cases
122.
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
provision 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 (he 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).
1. On the enforcement of section 3 of the Constitution
(Forty-fourth Amendment) Act, 1978, Article 22 shall stand amended as directed
in section 3 of that Act. For the text of section 3 of that Act,
Article 23 to 24 - Right against Exploitation
122.
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
provision 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 (he 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).
1. On the enforcement of section 3 of the Constitution
(Forty-fourth Amendment) Act, 1978, Article 22 shall stand amended as directed
in section 3 of that Act. For the text of section 3 of that Act,
Article 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 purpose, 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.
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 to 28 - Right to Freedom of Religion
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, 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 maybe 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 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 a minor, his guardian has given his consent thereto.
Article 29 to 31 - Cultural and Educational Rights
(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.
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.
1[(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 [Repealed]
1[***]
[Rep. by the Constitution (Forty-fourth Amendment) Act, 1978,
section. 6 (w.e.f. 20.6.1979).]
1. The sub-heading "right to Property" omitted
by the Constitution (Forty-fourth Amendment) Act, 1978, section 5 (w.e.f.
20-6-1979).
Article 31A to 31D - Saving of certain Laws
1[Saving
of certain Laws]
1. Inserted by the Constitution (Forty-second Amendment)
Act, 1976, section 3 (w.e.f. 3-1-1977).
Article 31A - Saving of laws providing for acquisition of estates, etc.
1[31A.
Saving of laws providing for acquisition of estates, etc.
2[(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 Stale 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 by3[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:]
4[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,-
5[(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 6[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,7[raiyat,
under - raiyat] or other intermediary and any rights or privileges in respect
of land revenue.]
2. Substituted by the Constitution (Fourth Amendment)
Act, 1955, section 3 for clause (1) (with retrospective effect).
3. Substituted by the Constitution (Forty-fourth
Amendment) Act, 1978, section 7, for "Article 14, Article 19 or Article
31" (w.e.f. 20-6-1979).
5. Substituted by the Constitution (Seventeenth
Amendment) Act, 1964, section 2, for sub-clause (a) (with retrospective
effect).
6. Substituted by the Madras State (Alteration of Name)
Act, 1968 (53 of 1968), section 4, for "Madras" (w.e.f. 14-1-1969).
7. Inserted by the Constitution (Fourth Amendment) Act,
1955, section 3 (with retrospective effect).
Article
31B - Validation of certain Acts and Regulations
1[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.]
1Inserted by the Constitution (First Amendment)
Act, 1951, section 5 (w.e.f. 8-6-1951).
Article
31C - Saving of laws giving effect to certain directive principles
1
[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 2[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 3[Article 14 or Article 19] 4[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.]
2. Substituted by the Constitution (Forty-second
Amendment) Act, 1976 section. 4, for "the principles specified in clause
(b) or clause (c) of Article 39" (w.e.f. 3-1-1977). Section 4 has been
declared invalid by the Supreme Court in Minerva Mills Ltd. V. Union of India ,
(1980) 2 SCC 591.
3. Substituted by the Constitution (Forty-fourth
Amendment) Act, 1978, section 8, for "Article 14, Article 19 or Article
31" w.e.f. 20-6-1979.
4. In Keshavananda Bharati v. The State of Kerala, (1973)
Supp SCR 1, the Supreme Court held the provision in italics to be invalid.
Article 31D - Saving of laws in respect of anti-national activities [Repealed]
1
[31D. Saving of laws in respect of anti-national activities
[Rep. by the Constitution (Forty-third Amendment) Act,
1977, section 2 (w.e.f. 13. 4.1978).]]
Article 32 to 35 - Right to Constitutional Remedies
1 [31D. Saving of laws in
respect of anti-national activities
[Rep. by the Constitution
(Forty-third Amendment) Act, 1977, section 2 (w.e.f. 13. 4.1978).]]
1.
Inserted by the Constitution (Forty-second Amendment) Act, 1976, section 5
(w.e.f. 3-1-1977).
Article 32 - Remedies for enforcement of rights conferred by this Part
(1) The right to
move the Supreme Com 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 ill 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 [Repealed]
1[32A.
Constitutional validity of State laws not to be considered in proceedings under
Article 32
[Rep . b y the Constitution (Forty-third Amendment) Act,
1977 , section 3 (w .e.f . 13 - 4 - 1978 )]]
1.
Inserted by the Constitution (Forty-second Amendment), Act, 1976, section 6
(w.e.f. 1-2-1977).
Article 33 - Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
1[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.]
1.
Substituted by the Constitution (Fiftieth Amendment) Act, 1984, section 2, for Article
33 (w.e.f. 11-9-1984).
Article 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.
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 of 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.
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