THE CONSTITUTION OF INDIA
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article 5, or be deemed to be a citizen of India by virtue acquiring
citizenship of a
of article 6 or article 8, if he has voluntarily acquired the foreign State not to
citizenship of any foreign State. be citizens.
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10. Every person who is or is deemed to be a citizen Continuance of the
of India under any of the foregoing provisions of this rights of
citizenship.
Part shall, subject to the provisions of any law that may
be made by Parliament, continue to be such citizen.
11. Nothing in the foregoing provisions of this Part Parliament to
shall derogate from the power of Parliament to make regulate the right
of citizenship by
any provision with respect to the acquisition and law.
termination of citizenship and all other matters relating
to citizenship.
PART III
FUNDAMENTAL RIGHTS
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.
Laws inconsistent 13. (1) All laws in force in the territory of India
with or in immediately before the commencement of this Constitution,
derogation of the
fundamental rights. 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Constitution and not previously repealed,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.
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[(4) Nothing in this article shall apply to any
amendment of this Constitution made under article 368.]
Right to Equality
Equality before 14. The State shall not deny to any person equality
law. before the law or the equal protection of the laws within the
territory of India.
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Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 2.
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THE CONSTITUTION OF INDIA 7
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(Part III.—Fundamental Rights.—Arts. 15-16.)
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15. (1) The State shall not discriminate against any Prohibition of
citizen on grounds only of religion, race, caste, sex, place discrimination on
grounds of
of birth or any of them. religion, race,
(2) No citizen shall, on grounds only of religion, race, caste, sex or place
caste, sex, place of birth or any of them, be subject to any of birth.
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.
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[(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.]
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[(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.]
16. (1) There shall be equality of opportunity for all Equality of
citizens in matters relating to employment or appointment opportunity in
matters of public
to any office under the State.
employment.
(2) No citizen shall, on grounds only of religion, race,