IndiaIN

Indexed passage in the Constitution of India

Index row title
General Provisions
Source document
India Constitution
Provision ID
4468f690-ab17-4488-8ea0-f9f0ec59e2d5

5,312 words · this row holds 29 numbered sections, so it is a chapter-length passage

Verbatim text

THE CONSTITUTION OF INDIA WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a 1[SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] andto secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the 2[unity and integrity of the Nation]; IN OUR CONSTITUENT ASSEMBLY this twenty- sixth day of Novembe r, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THISCONSTITUTION. 1Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 2, for “SOVEREIGN DEMOCRATIC REPUBLIC” (w.e.f. 3-1-1977). 2Subs. by s. 2, ibid., for “unity of the Nation” (w.e.f. 3-1-1977).Preamble. PART I THE UNION AND ITS TERRITORY 1. (1) India, that is Bharat, shall be a Union of States. 1[(2) The States and the territories thereof shall be as specified in the First Schedule.] (3) The territory of India shall comprise— (a) the territories of the States; 2[(b) the Union territories specified in the First Schedule; and] (c) such other territories as may be acquired. 2. Parliament may by law admit into the Union, or establish, new States on such terms and conditions as itthinks fit. 32A. [Sikkim to be associated with the Union.] Rep. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975). 3. Parliament may by law— (a) form a new State by separation of territory from any State or by uniting two or more States orparts of States or by uniting any territory to a part ofany State; (b) increase the area of any State; (c) diminish the area of any State; (d) alter the boundaries of any State; (e) alter the name of any State: 4[Provided that no Bill for the purpose shall be introduced in either House of Parliament except on therecommendation of the President and unless, where theproposal contained in the Bill affects the area, boundariesName and territoryof the Union. Admission or establishment ofnew States. Formation of new States andalteration of areas,boundaries ornames of existingStates. 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 2, for cl. (2). 2Subs. by s. 2, ibid., for sub-clause ( b). 3Article 2A was ins. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 2 (w.e.f. 1-3-1975). 4Subs. by the Constitution (Fifth Amendment) Act, 1955, s. 2, for the proviso. 2 or name of any of the States 1***, the Bill has been referred by the President to the Legislature of that State forexpressing its views thereon within such period as maybe specified in the reference or within such further periodas the President may allow and the period so specified orallowed has expired.] 2[Explanation I. —In this article, in clauses (a) to (e), "State'' includes a Union territory, but in the proviso,"State'' does not include a Union territory. Explanation II. —The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Unionterritory to any other State or Union territory.] 4. (1) Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the FirstSchedule and the Fourth Schedule as may be necessaryto give effect to the provisions of the law and may alsocontain such supplemental, incidental and consequentialprovisions (including provisions as to representation inParliament and in the Legislature or Legislatures of theState or States affected by such law) as Parliament maydeem necessary. (2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes ofarticle 368.THE CONSTITUTION OF INDIA (Part I. —The Union and its territory. —Arts. 3-4.) Laws made under articles 2 and 3 toprovide for theamendment of theFirst and theFourth Schedulesand supplemental,incidental andconsequentialmatters. 1The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2Ins. by the Constitution (Eighteenth Amendment) Act, 1966, s. 2.3 PART II CITIZENSHIP 5. At the commencement of this Constitution, every person who has his domicile in the territory of Indiaand— (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediatelypreceding such commencement, shall be a citizen of India. 6. Notwithstanding anything in article 5, a person who has migrated to the territory of India from theterritory now included in Pakistan shall be deemed to bea citizen of India at the commencement of thisConstitution if— (a) he or either of his parents or any of his grandparents was born in India as defined in theGovernment of India Act, 1935 (as originally enacted);and (b) (i) in the case where such person has so migrated before the nineteenth day of July, 1948, hehas been ordinarily resident in the territory of Indiasince the date of his migration, or (ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he hasbeen registered as a citizen of India by an officerappointed in that behalf by the Government of theDominion of India on an application made by himtherefor to such officer before the commencement ofthis Constitution in the form and manner prescribedby that Government: Provided that no person shall be so registered unless he has been resident in the territory of India for at leastsix months immediately preceding the date of hisapplication.Citizenship at thecommencement ofthe Constitution. Rights of citizenship ofcertain personswho have migratedto India fromPakistan. 4 7. Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947,migrated from the territory of India to the territory nowincluded in Pakistan shall not be deemed to be a citizenof India: Provided that nothing in this article shall apply to a person who, after having so migrated to the territory nowincluded in Pakistan, has returned to the territory of Indiaunder a permit for resettlement or permanent return issuedby or under the authority of any law and every suchperson shall for the purposes of clause ( b) of article 6 be deemed to have migrated to the territory of India after thenineteenth day of July, 1948. 8. Notwithstanding anything in article 5, any person who or either of whose parents or any of whosegrandparents was born in India as defined in theGovernment of India Act, 1935 (as originally enacted),and who is ordinarily residing in any country outsideIndia as so defined shall be deemed to be a citizen ofIndia if he has been registered as a citizen of India by thediplomatic or consular representative of India in thecountry where he is for the time being residing on anapplication made by him therefor to such diplomatic orconsular representative, whether before or after thecommencement of this Constitution, in the form andmanner prescribed by the Government of the Dominion ofIndia or the Government of India. 9. No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtueof article 6 or article 8, if he has voluntarily acquired thecitizenship of any foreign State. 10. Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of thisPart shall, subject to the provisions of any law that maybe made by Parliament, continue to be such citizen. 11. Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to makeany provision with respect to the acquisition andtermination of citizenship and all other matters relatingto citizenship.THE CONSTITUTION OF INDIA (Part II. —Citizenship. —Arts. 7—11.) Rights of citizenship ofcertain persons ofIndian originresiding outsideIndia.5 Rights ofcitizenship ofcertain migrants toPakistan. Persons voluntarily acquiringcitizenship of aforeign State not tobe citizens. Continuance of the rights ofcitizenship. Parliament to regulate the rightof citizenship bylaw. PART III FUNDAMENTAL RIGHTS General 12. In this Part, unless the context otherwise requires, “the State’’ includes the Government and Parliament ofIndia and the Government and the Legislature of each ofthe States and all local or other authorities within theterritory of India or under the control of the Governmentof India. 13. (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 thisPart, 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 lawmade in contravention of this clause shall, to the extent ofthe 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 havingin 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 theterritory of India before the commencement of thisConstitution and not previously repealed,notwithstanding that any such law or any part thereofmay not be then in operation either at all or inparticular areas. 1[(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.] Right to Equality 14. The State shall not deny to any person equality before the law or the equal protection of the laws within theterritory of India.Definition. Laws inconsistent with or inderogation of thefundamental rights. 6Equality beforelaw. 1Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 2. 15. (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, placeof 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 orpartly 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 Castesand 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 makingany special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the ScheduledTribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided bythe State, other than the minority educational institutions referred to in clause (1) of article 30.] 16. (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 officeTHE CONSTITUTION OF INDIA (Part III. —Fundamental Rights. —Arts. 15-16.) Prohibition of discrimination ongrounds ofreligion, race,caste, sex or placeof birth.7 Equality ofopportunity inmatters of publicemployment. 1Added by the Constitution (First Amendment) Act, 1951, s. 2. 2Ins. by the Constitution (Ninety-third Amendment) Act, 2005, s. 2 (w.e.f. 20-1-2006). 1[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 appointmentsor 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 reservation 3[in matters of promotion, with consequential seniority, 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 representedin 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 accordancewith 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 ofvacancies 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 ontotal 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 ordenominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particulardenomination. 17. “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offencepunishable in accordance with law. 18. (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.THE CONSTITUTION OF INDIA (Part III. —Fundamental Rights. —Arts. 16—18.)8 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “under any State specified in the First Schedule or any local or other authority within its territory, anyrequirement as to residence within that State”. 2Ins. by the Constitution (Seventy-seventh Amendment) Act, 1995, s. 2. 3Subs. by the Constitution (Eighty-fifth Amendment) Act, 2001, s. 2, for certain words (w.e.f. 17-6-1995). 4Ins. by the Constitution (Eighty-first Amendment) Act, 2000, s. 2 (w.e.f. 9-6-2000).Abolition of Untouchability. Abolition of titles. THE CONSTITUTION OF INDIA (Part III. —Fundamental Rights. —Arts. 18-19.)9 (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 kindfrom or under any foreign State. Right to Freedom 19. (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; 1[and] 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 Statefrom 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 4[the sovereignty and integrity of India,] the security of theState, friendly relations with foreign States, public order,decency or morality, or in relation to contempt of court,defamation or incitement to an offence.] (3) Nothing in sub-clause ( b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of 4[the sovereignty and integrity of India or] public order, reasonable restrictions on theexercise of the right conferred by the said sub-clause. (4) Nothing in sub-clause ( c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of 4[the sovereignty andProtection of certain rightsregarding freedomof speech, etc. 1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2 (w.e.f. 20-6-1979). 2Sub-clause ( f) omitted by s. 2, ibid. (w.e.f. 20-6-1979). 3Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for cl. (2) (with retrospective effect). 4Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 2. 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 1[sub-clauses ( d) and ( e)] of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise ofany 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 lawimposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, 2[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 theexclusion, complete or partial, of citizens or otherwise]. 20. (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 havebeen inflicted under the law in force at the time of the commission of the offence. (2) No person shall be prosecuted and punished for the same offence more than once. (3) No person accused of any offence shall be compelled to be a witness against himself. 21. No person shall be deprived of his life or personal liberty except according to procedure established by law.THE CONSTITUTION OF INDIA (Part III. —Fundamental Rights. —Arts. 19—21.)10 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2, for ”sub-clauses (d), (e) and ( f)” (w.e.f. 20-6-1979). 2Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for certain words.Protection in respect ofconviction foroffences. Protection of life and personalliberty. *[21A. 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.] 22. (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 hischoice. (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 theplace 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 appointedTHE CONSTITUTION OF INDIA (Part III. —Fundamental Rights. —Arts. 21A-22.)11 *Ins by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 2 (which is not yet in force, date to be notified later on). **Cl. (4) shall stand substituted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 3 (which is yet not in force, date to be notified later on) as— “(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than two months unless an Advisory Board constituted in acordance with the recommendations of the Chief Justice of the appropriate Hight Court has reported before the expiration of the said period of two months that there is in itsopinion sufficient cause for such detention: Provided that an Advisory Board shall consist of a Chairman and not less than two other members, and the Chairman shall be a serving Judge of the appropriate HighCourt and the other menbers shall be serving or retired Judges of any High Court: Provided further that nothing in this clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament undersub-clause ( a) of clause (7). Explanation .—In this clause, “appropriate High Court” means,— (i) in the case of the detention of a person in pursuance of an order of detention made by the Government of India or an officer or authority subordinate to that Government, the High Court for the Union territory of Delhi; (ii) in the case of the detention of a person in pursuance of an order of detention made by the Government of any State (other than a Union territory), the High Court for the State; and (iii) in the case of the detention of a person in pursuance of an order of detention made by the administrator of a Union territory or an officer or authority subordinate to such administrator, such High Court as may be specified by or under any law made by Parliament in this behalf.”Right to education. Protection against arrest anddetention incertain cases. as, Judges of a High Court has reported before the expiration of the said period of three months that thereis in its opinion sufficient cause for such detention: Provided that nothing in this sub-clause shall authorise the detention of any person beyond themaximum period prescribed by any law made byParliament 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 preventivedetention, the authority making the order shall, as soonas may be, communicate to such person the grounds onwhich the order has been made and shall afford him theearliest opportunity of making a representation againstthe order. (6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause todisclose facts which such authority considers to be againstthe 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 detainedfor a period longer than three months under any lawproviding for preventive detention without obtainingthe opinion of an Advisory Board in accordance withthe 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 underany 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)].THE CONSTITUTION OF INDIA (Part III. —Fundamental Rights. —Art. 22.)12 *Sub-clause ( a) shall stand omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 3 (which is yet not in force, date to be notified later on). **Sub-clause ( b) shall stand relettered as sub-clause ( a) by s. 3, ibid. (which is yet not in force, date to be notified later on). ***The words, letter and figure in brackets shall stand substituted as “clause (4)” by s. 3, ibid. (which is yet not in force, date to be notified later on). Right against Exploitation 23. (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 anydiscrimination on grounds only of religion, race, caste orclass or any of them. 24. No child below the age of fourteen years shall be employed to work in any factory or mine or engaged inany other hazardous employment. Right to Freedom of Religion 25. (1) Subject to public order, morality and health and to the other provisions of this Part, all persons areequally entitled to freedom of conscience and the rightfreely to profess, practise and propagate religion. (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law— (a) regulating or restricting any economic, financial, political or other secular activity which may beassociated with religious practice; (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of apublic 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 theSikh religion. Explanation II. —In sub-clause ( b) of clause (2), the reference to Hindus shall be construed as including areference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly. 26. Subject to public order, morality and health, every religious denomination or any section thereof shall havethe right— (a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion;Prohibition of employment ofchildren infactories, etc. Freedom of conscience and freeprofession, practiceand propagation ofreligion.Prohibition of traffic in humanbeings and forcedlabour. Freedom to manage religiousaffairs.THE CONSTITUTION OF INDIA (Part III. —Fundamental Rights. —Arts. 23—26.)13 (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law. 27. No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination. 28. (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 insuch institution. (3) No person attending any educational institution recognised by the State or receiving aid out of State fundsshall 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 suchinstitution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto. Cultural and Educational Rights 29. (1) Any section of the citizens residing in the territory of India or any part thereof having a distinctlanguage, 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. 30. (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,Freedom as to payment of taxesfor promotion ofany particularreligion. Freedom as to attendance atreligiousinstruction orreligious worshipin certaineducationalinstitutions. Protection of interests ofminorities. Right of minorities to establish andadministereducationalinstitutions. 1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 4 (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA (Part III. —Fundamental Rights. —Arts. 26—30.)14 referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for theacquisition of such property is such as would not restrictor abrogate the right guaranteed under that clause.] (2) The State shall not, in granting aid to educational institutions, discriminate against any educationalinstitution on the ground that it is under the managementof a minority, whether based on religion or language. 1* * * 31. [Compulsory acquisition of property. ] Rep. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f. 20-6-1979). 2[Saving of Certain Laws ] 3[31A. 4[(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 ormodification of any such rights, or (b) the taking over of the management of any property by the State for a limited period either inthe public interest or in order to secure the propermanagement of the property, or (c) the amalgamation of two or more corporations either in the public interest or in order to secure theproper 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 ofcorporations, or of any voting rights of shareholdersthereof, orSaving of lawsproviding foracquisition ofestates, etc. 1The sub-heading “ Right to Property ” omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 5 (w.e.f. 20-6-1979). 2Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 3 (w.e.f. 3-1-1977). 3Ins. by the Constitution (First Amendment) Act, 1951, s. 4 (with retrospective effect). 4Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 3, for cl. (1) (with retrospective effect).THE CONSTITUTION OF INDIA (Part III. —Fundamental Rights. —Arts. 30—31 A.)15 (e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease orlicence for the purpose of searching for, or winning,any mineral or mineral oil, or the prematuretermination 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 therights conferred by 1[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 shallnot apply thereto unless such law, having been reservedfor the consideration of the President, has received hisassent:] 2[Provided further that where any law makes any provision for the acquisition by the State of any estateand where any land comprised therein is held by a personunder 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 thetime being in force or any building or structure standingthereon or appurtenant thereto, unless the law relatingto the acquisition of such land, building or structure,provides for payment of compensation at a rate whichshall not be less than the market value thereof.] (2) In this article,— 3[(a) the expression ''estate'' shall, in relation to any local area, have the same meaning as thatexpression or its local equivalent has in the existinglaw relating to land tenures in force in that area andshall also include— (i) any jagir, inam or muafi or other similar grant and in the States of 4[Tamil Nadu] and Kerala, any janmam right; 1Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 7, for “article 14,

What this means

  • The passage runs to about 5,312 words.
  • Read plainly, it mentions arrest and detention — it deals with arrest or detention, and the conditions attached to holding a person (the words used: “arrested”); it mentions privacy, search and seizure — it protects privacy or limits searching a person, their home or their communications (the words used: “searching”); it mentions freedom of expression — it protects speaking, writing, publishing or holding an opinion (the words used: “opinion”); it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “ASSEMBLY”); it mentions property — it addresses property, possession, or taking property compulsorily (the words used: “property”); it mentions equality and non-discrimination — it requires equal treatment or forbids discrimination (the words used: “EQUALITY”).

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