3Part III (A:12-35): Fundamental Rights
· Article 12 :
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.
· Article 13 :
Laws inconsistent with or in derogation of the fundamental rights.
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this Constitution and not previously repealed, notwithstanding that any such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.]*
--------------------
* Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 2.
· Article 14 :
Equality before law
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.
· Article 15 :
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.]*
[(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.]**
--------------------
* Added by the Constitution (First Amendment) Act, 1951, s. 2.
** Ins. by the Constitution (Ninety-third Amendment) Act, 2005, s. 2 (w.e.f.
20-1-2006).
· Article 16 :
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 [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 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 represented in the services under the State.]**
[(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.
--------------------
* Subs. 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, any requirement as to residence within that
State".
** Ins. by the Constitution (Seventy-seventh Amendment) Act, 1995, s. 2.
*** Subs. by the Constitution (Eighty-fifth Amendment) Act, 2001, s. 2, for
certain words (w.e.f. 17-6-1995).
**** Ins. by the Constitution (Eighty-first Amendment) Act, 2000, s. 2 (w.e.f.
9-6-2000).
· Article 17 :
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.
· Article 18 :
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.
· Article 19 :
Protection of certain rights regarding freedom of speech, etc.
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 ]or co-operative societies]*******;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of 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 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]******
--------------------
* Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2 (w.e.f.
20-6-1979)
** Sub-clause (f) omitted by s. 2, ibid. (w.e.f. 20-6-1979)
*** Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for cl. (2)
(with retrospective effect)
**** Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 2
***** Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2, for
"sub-clauses (d), (e) and (f)" (w.e.f. 20-6-1979)
****** Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for certain
words
*******Ins. by the Constitution (Ninety-seventh Amendment) Act, 2011, s. 2
· Article 20 :
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 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
21. No person
shall be deprived of his life or personal liberty except according to procedure
established by law.
· Article 21A :
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, s. 2 (w.e.f.
1-4-2010).
· Article 22 :
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 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)]****
--------------------
* 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 its opinion 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
High Court 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
under sub-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."
** 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)
· Article 23 :
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.
· Article 24 :
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.
· Article 25 :
Freedom of conscience and free profession, practice and propagation of religion
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.
· Article 26 :
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.
· Article 27 :
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.
· Article 28 :
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.
· Article 29 :
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.
· Article 30 :
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.
--------------------
* Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 4 (w.e.f.
20-6-1979)
· Article 31 :
[Repealed.]
31. [Compulsory
acquisition of property.] Rep. by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 6 (w.e.f. 20-6-1979)
· Article 31A :
Saving of Laws providing for acquisition of estates, etc.
[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 or modification of any such rights, or
(b) the taking over of the management of any property by the State 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 by [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:]**
[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,-
[(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 [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, [raiyat, under-raiyat]******* or other intermediary and any
rights or privileges in respect of land revenue.]*
--------------------
* Ins. by the Constitution (First Amendment) Act, 1951, s. 4 (with
retrospective effect)
** Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 3, for cl. (1)
(with retrospective effect)
*** Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 7, for
"article 14, article 19 or article 31" (w.e.f. 20-6-1979)
**** Ins. by the Constitution (Seventeenth Amendment) Act, 1964, s. 2
***** Subs. by s. 2, ibid., for sub-clause (a) (with retrospective effect)
****** Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968),
s. 4, for "Madras". (w.e..f. 14-1-1969)
******* Ins. by the Constitution (Fourth Amendment) Act, 1955, s. 3 (with
retrospective effect)
· Article 31B :
alidation of certain Acts and Regulations
[31B. 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.]*
--------------------
* Ins. by the Constitution (First Amendment) Act, 1951, s. 5
· Article 31C :
Saving of laws giving effect to certain directive principles
[31C.
Notwithstanding anything contained in article 13, no law giving effect to the
policy of the State towards securing [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 [article 14 or
article 19]***; [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.]*
--------------------
* Ins. by the Constitution (Twenty-fifth Amendment) Act, 1971, s. 3 (w.e.f. 20-4-1972)
** Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 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. and others vs. Union of India and others (1980) 2. S.C.C.
591
*** Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 8, for
"article 14, article 19 or article 31" (w.e.f. 20-6-1979)
**** In Kesavananda Bharati vs. The State of Kerala, (1973) Supp. S.C.R. 1, the
Supreme Court held the provisions in bracket to be invalid.
· Article 31D :
[Repealed.]
31D. [Saving of
laws in respect of anti-national activities.]* Rep. by the Constitution
(Forty-third Amendment) Act, 1977, s. 2 (w.e.f. 13-4-1978).
--------------------
* Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 5 (w.e.f.
3-1-1977)
· Article 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.
· Article 32A :
[Repealed.]
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).
--------------------
* Ins. by s. 6, ibid. (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.
[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.]*
--------------------
* Subs. by the Constitution (Fiftieth Amendment) Act, 1984, s. 2, for art. 33
· Article 34 :
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.
· Article 35 :
Legislation to give effect to the provisions of this Part
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);
(b) any law in force immediately before the commencement of this Constitution
in the territory of India with respect to 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.