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FUNDAMENTAL RIGHTS

created Jul 19th, 16:35 by missionro


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Definition.
Laws inconstisten with or in derogation of the fundamental rights.
PART III
FUNDAMENTAL RIGHTS
General  
12. In this Part, unless the context otherwise requires, "the Government and the Legiislature of eahc of the States and or unmder the conrol of the Government of India immediately before the commencement of this Constitution, in so far as thy are inconsistent with the provisions of this.
(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in conravention of this clause shall, to the extent of the contravention, be void.
(3) In this aricle, unless the context otherwise requires, regulation, notification, custom or usage having in the territory of India the porce of law;
(b) "laws in force" includes laws passed or makde by a Legislature or other competent authoruty in the territory of India before the commencement of this Constitution and ot previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
1[(4) Nothing in this article shall apply to any amendment of this Constitution made under rticle 368.]
Right ot Equality  
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.
Equality before law.
1Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, s. 2. 6
THE CONSTITUTION OF INDIA
 (Part III. - Fundamental Rights. Arts. 15-16.)
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 onlyu of religion race, caste, sex, place of birth or any of them, be subkect ot any disabiltiy, 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 amintained wholly or partly out of State funds or dedicated to the sue 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 provison for the advancement of any socially and educationally backward classes of citizens or for the Schedule Castes and the Sheduled Ribes.]
2[(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 Sceduled Castes or the Scheduled Tribes in so far as such special provisons relate to heri admissin to educational institutions incuding private educational institutions, wherther aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.]
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.
 

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