THE CONSTITUTION OF INDIA- EXAM NOTES
(Preamble to Fundamental Rights)
PREAMBLE
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute
India into a
[SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC] and to 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
[unity and integrity of the
Nation];
IN OUR CONSTITUENT ASSEMBLY this
twenty sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.
(by the Constitution
(Forty-second Amendment) Act, 1976, s. 2, for “SOVEREIGN DEMOCRATIC REPUBLIC”
(w.e.f. 3-1-1977). “unity of the Nation” (w.e.f. 3-1-1977).)
PART I- THE UNION AND ITS TERRITORY( Art 1-4)
Name and territory of the Union.
1. (1) India, that is Bharat, shall be a
Union of States.
[(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;
[(b) the Union territories specified in the First Schedule;
and]
(c) such other territories as may be acquired.
Admission or establishment of new States.
2. Parliament may by
law admit into the Union, or establish, new States on such terms and conditions
as it thinks fit.
Formation of new States and alteration of areas, boundaries or
names of existing States.
3. Parliament may by law— (a) form
a new State by separation of territory
from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any 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:
[Provided that no Bill for the purpose shall be introduced in
either House of Parliament except on the recommendation of the President and
unless, where the proposal contained in the Bill affects the area, boundaries or
name of any of the States
[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.
Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.
4. (1) Any law referred to in article 2
or article 3 shall contain such provisions for the amendment of the First
Schedule and the Fourth Schedule as may be necessary to give effect to the
provisions of the law and may also contain such supplemental, incidental and
consequential provisions (including provisions as to representation in
Parliament and in the Legislature or Legislatures of the State or States
affected by such law) as Parliament may deem necessary.
PART II – CITIZENSHIP ( Art 5-11)
Citizenship at the commencement of the Constitution.
5. At the commencement of this Constitution, every person who has his domicile in the territory of India and—
(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 immediately preceding such
commencement, shall be a citizen of India.
Rights of citizenship of certain persons who have migrated to
India from Pakistan.
6. Notwithstanding anything in article
5, a person who has migrated to the territory of India from the territory now
included in Pakistan shall be deemed to be a citizen of India at the
commencement of this Constitution if— (a) he or either of his parents or
any of his grandparents was born in India as defined in the Government 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, he has been ordinarily
resident in the territory of India since 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 has been registered as a citizen of
India by an officer appointed in that behalf by the Government of the Dominion
of India on an application made by him therefor to such officer before the
commencement of this Constitution in the form and manner prescribed by that
Government: Provided that no person
shall be so registered unless he has been resident in the territory of India
for at least six months immediately preceding the date of his application.
Rights of citizenship of certain migrants to Pakistan.
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 now included in Pakistan shall not be
deemed to be a citizen Provided that nothing in this article shall apply to a
person who, after having so migrated to the territory now included in Pakistan,
has returned to the territory of India under a permit for resettlement or
permanent return issued by or under the authority of any law and every such
person shall for the purposes of clause (b) of article 6 be deemed to
have migrated to the territory of India after the nineteenth day of July, 1948.
Rights of citizenship of certain persons of Indian origin residing outside India.
8. Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.
Persons voluntarily acquiring citizenship of a foreign State not
to be citizens.
9. No person shall be a citizen of India
by virtue of article 5, or be deemed to be a citizen of India by virtue of
article 6 or article 8, if he has voluntarily acquired the citizenship of any
foreign State.
Continuance of the rights of citizenship.
10. Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.
Parliament to regulate the right of citizenship by law.
11. Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
PART III- FUNDAMENTAL RIGHTS (
Art 22-35)
General-- Definition
12. 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.
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 this Part, shall, to the extent of such inconsistency, be void.
(2) The State shall not make any law
which takes away or abridges the rights conferred by this Part and any law made
in contravention of this clause shall, to the extent of the contravention, be
void.
(3) In this article, unless the context otherwise requires,—
(a) “law” includes any Ordinance, order, bye-law, rule,
regulation, notification, custom or usage having in the territory of India the
force of law;
(b) “laws in force” includes laws passed or made by a
Legislature or other competent authority in the territory of India before the
commencement of this Constitution and not previously repealed, notwithstanding
that any such law or any part thereof may not be then in operation either at
all or in particular areas.
[(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.]
Right to Equality ( Art 14-18)
14. The State shall not deny to any
person equality before the law or the equal protection of the laws within the
territory of India.
(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.
[(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.]
[(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.]
Prohibition of discrimination on grounds of religion, race, caste,
sex or place of birth.
15. (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.
[(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.] (93rd Amendment ,2005)
[(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.]
Equality of opportunity in matters of public employment.
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 office
Abolition of Untouchability
17. “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.
Abolition of titles.
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.
(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.
Right to Freedom( Art 19-22)
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
territoryof India; [and]
(g) to practise 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 interests of [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 of [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-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 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, [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].
Protection in respect of conviction for offences.
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 have been inflicted under the law in force at the
time of 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.
Protection of life and personal liberty.
21. No person shall be deprived of his
life or personal liberty except according to procedure established by law.
Right to education
*[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.] (*Ins
by the Constitution (Eighty-sixth Amendment) Act, 2002)
Protection against arrest and detention in certain cases.
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 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
provisions of any law made by Parliament under subclauses (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)].
Right against Exploitation( Art 23-24)
Prohibition of traffic in human beings and forced labour.
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 any discrimination on grounds only of religion, race, caste or
class or any of them.
Prohibition of employment of children in factories, etc.
24. 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.
Right to Freedom of Religion
Freedom of conscience and free profession, practice and propagation
of religion. ( Art 25-28)
25. (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 may be 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 I.—The wearing and carrying of kirpans
shall be deemed to be included in the profession of the Sikh religion.
Explanation II.—In sub-clause (b)
of clause (2), the reference to Hindus shall be construed as including a
reference to persons professing the Sikh, Jaina or Buddhist religion, and the
reference to Hindu religious institutions shall be construed accordingly.
Freedom to manage religious affairs.
26. 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.
Freedom as to payment of taxes for promotion of any particular
religion.
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.
Freedom as to attendance at religious instruction or religious
worship in certain educational institutions
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 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.
Cultural and
Educational Rights( Art 29-30)
Protection of
interests of minorities.
29. (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.
Right of minorities to establish and administer educational
institutions
30. (1) All minorities, whether based on
religion or language, shall have the right to establish and administer
educational institutions of their choice.
[(1A) In making any law providing for the compulsory acquisition
of any property of an educational
institution established and administered by a minority,
referred to in clause (1), the State shall ensure that the amount
fixed by or determined under such law for the acquisition of such property is
such as would not restrict or abrogate the right guaranteed under that clause.]
(2) The State shall not, in granting aid to educational
institutions, discriminate against any educational institution on the ground
that it is under the management of a minority, whether based on religion or
language.
*31. [Compulsory
acquisition of property.] Rep. by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 6 (w.e.f. 20-6-1979).
Right to Constitutional Remedies ( Art 32)
Remedies for
enforcement of rights conferred by this Part.
32. (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.
32A. [Constitutional validity of State
laws not to be considered in proceedings under article 32.] Rep. by the
Constitution (Forty-third Amendment) Act, 1977, s. 3 (w.e.f. 13-4-1978).
Power of Parliament to modify the rights conferred by this Part in
their application to Forces, etc.
[33. 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) person 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.]
Restriction on rights conferred by this Part while martial law is
in force in any area.
34. 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.
35. 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);