CONSTITUTION OF INDIA
Part III Fundamental
Rights (Selected Articles)
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.
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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.
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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 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).
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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.