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Articles

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7.67.245
My friend is right; and the only reason which was given by the Drafting Committee of which the honourable Speaker who preceded me was a member also, was that the words `due process of law' is not specific and the word as was used in the Japanese Constitution is more specific. No doubt the words as they stand in the Japanese Constitution are spec...
7.67.169
Mr. Vice-President, Sir, if the proposed amendment by the Drafting Committee is accepted and the article is allowed to stand as it is:-     "No person shall be deprived of his life or personal liberty except according to procedure established by law........".

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9.141.235
 I do not think my honourable Friend. Mr. Tek Chand can show any Constitution which contains all these provisions. I am quite willing to throw out a challenge to him to show any well known Constitution, which contains all these detailed provisions. I venture to say there is none. There is no known Constitution which contains such detailed provis...
9.141.204
There are various decisions of the courts of America. But the best exposition of it is by a great American lawyer Webster as to the meaning of the expression "due process of law", who said that "due process of law means the law which hears before it condemns; a law which proceeds upon enquiries and a law which renders judgment after trial". Thes...

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8.89.73
      Sir, this is a very important matter and affects the fundamental right of every citizen to be tried by a competent court of law before he is deprived of his liberty. No doubt there may be circumstances in which action should be taken immediately but that should not deprive the citizen of his fundamental right of being tried by a court of l...
8.89.172
     : The question is:     "That to clause (1) of article 102, the following proviso be added :-     "Provided that such ordinance shall not deprive any citizen of his right to personal liberty except on conviction after trial by a competent court of law.'" The amendment was negatived.

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8.98.143
       I wish to oppose this article, not from the point of view of a lawyer but from the point of view of person who values the civil liberties of the people. My Friends, Messrs. Naziruddin Ahmed and Bhargava, have made out a strong case for the deletion of the words 'as to the interpretation of the Constitution'. It is difficult to disagree wi...
8.98.128
     New the gate is closed in the very first instance. It is very difficult to find out cases where the Constitution has been infringed. It is only when some legislation or some ordinance is passed in direct contravention of the Constitution do we find that there has been an infringement of the Constitution. But in most cases there will be no ...

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9.137.282
Sir, the object with which I move this amendment is to give effect to some of the principles and clauses which we have already passed when laying down the Directive Principles of State Policy. There we have stated that the State shall endeavour to secure a society in which justice, economic, political and social, shall inform all the institutio...
9.137.37
: Quite right. Let us understand it. Let the House be sure of what it is passing. If the House is prepared to pass a legislation which empowers the legislature to pass even a legislation of expropriation without compensation, and if that is precisely what is also the idea of the Honourable Premier, who is the mover of the, amendment, then I ha...

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7.64.186
Thus it is very clear that if the existing law relates to libel, if it relates to meetings or associations, or freedom of speech or expression, then that existing law stands in spite of the fact that article 8 says that any law in force which is inconsistent with the fundamental rights is void. So we come to this position. In the past the existi...
7.64.112
Questions of personal liberty come only under article 15. They are irrelevant under this article. It is article 15 that deals with personal liberty thus: "No person shall be deprived of his life or personal liberty except according to procedure established by law, nor shall any person be denied equality before the law or the equal protection of ...

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11.157.225
  Article 21 says :     "No person shall be deprived of his life or personal liberty except according to procedure established by law."
11.157.225
  Article 21 says :     "No person shall be deprived of his life or personal liberty except according to procedure established by law."

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7.72.58
There are two views on this point. One view is this; that the legislature may be trusted not to make any law which would abrogate the fundamental rights of man, so to say, the fundamental rights which apply to every individual, and consequently, there is no danger arising from the introduction of the phrase 'due process'. Another view is this: ...
7.72.56
It is quite clear to anyone who has listened to the debate that has taken place last time that there are two sharp points of view. One point of view says that "due process of law" must be there in this article; otherwise the article is a nugatory one. The other point of view is that the existing phraseology is quite sufficient for the purpose. ...

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3.19.144
They were not intended bona fide to protect the tribal people, but were meant to isolate them from their brethren in the plans so that there could be greater exploitation by British people.
3.19.148
May I in the interest of a little more accuracy suggest a change of wording? I find that there is a defective word used in the first Preamble:     "There shall be liberty for the exercise of the following rights subject to public order and morality or to the existence of grave emergency."

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9.120.91
    So, that my humble submission is if my interpretation is correct, article 280 only takes away the power guaranteed to the people of moving the Supreme Court alone. The rights are not taken away; the laws are not taken away; the laws will remain as they are. Only I can not move the Supreme Court by appropriate proceedings. The laws will not b...
9.120.195
    We have heard a lot about emergency. Sir, when two world wars were fought, the right to approach the High Courts of this country for certain fundamental rights was never taken away, even though we were ruled by a foreign power who were fighting for their own safety and the safety of civilization and of the world and we were fid even arise in...

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7.65.108
Again, there is freedom in our society to earn one's livelihood by selling intoxicants. In the directive Principles we have now included a provision for the introduction of Prohibition but in the Fundamental Rights we have given every one the unrestricted rights to earn his livelihood. Both the provisions appear to be contradictory to each othe...
7.65.110
We have now attained freedom. We should do nothing which may endanger it. It is our duty to be good citizens. We have also to see that freedom is not misused. Up till now we were under foreign rule. Indian subjects received step-motherly treatment from the rulers. In England no intoxicant can be mixed with any medicine other than in the prescrib...

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CIB.18
17. Every citizen has in his house an inviolable asylum.
CIB.20
19. No one shall be sentenced except by competent authority.

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11.164.241
  Article 21 of the Constitution relating to protection of life and personal liberty of an individual is a clause which has attracted the attention of a large section of the public, \specially lawyers and judges. Their contention is that the clause, as enacted, will not safeguard the rights of the individual sufficiently. Their fear is unjustifi...
11.164.143
  Sir, another charge is that this Constitution is full of checks and safeguards, and it curtails freedom of the individual and restricts State autonomy. I do not take it in that light. These safeguards are there only as fences intended to protect the infant freedom and democracy from stray cattle. A tiger cannot say, for instance, that it shoul...

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9.126.131
: In answer to the question put to me by my Friend Mr. Kamath I should like to tell him that there can be no provision for the externment of a citizen. There can be detention and not externment. The externment law can be applied only to aliens, and there is an entry in our list dealing with aliens etc. According to that, the State will be able ...
9.126.130
 On balance I think it is better to take the risk of allowing personal liberty to the fullest extent than to feter it by this provision. When we are framing a Constitution for free. India, we must not disfigure it with this entry. Uptill now if a person is interned in Assam the practice is that his relatives can go and see him; but once this pow...

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SR.103
3. Subject to the principles of non-violence and public morality, every citizen shall enjoy freedom of person freedom of speech; freedom of assembly, combination anddiscussion.
SR.272
In Free India, there shall be no capital punishment even for the most serious crimes.

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5.36.6
To all the minorities in India we give the assurance that they will receive fair and just treatment and there will be no discrimination in any form against them. Their religion, their culture and their language are safe and they will enjoy all the rights and privileges of citizenship, and will be expected in their turn to render loyalty to the c...
5.36.6
To all the minorities in India we give the assurance that they will receive fair and just treatment and there will be no discrimination in any form against them. Their religion, their culture and their language are safe and they will enjoy all the rights and privileges of citizenship, and will be expected in their turn to render loyalty to the c...

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9.111.142
: Yes, Sir. I move:     "That in amendment No. 3028 of the List of Amendments, for the proposed article 280 the following be substituted :-Suspension of the enforcement of certain fundamental rights during Emergencies.     '280. Where a Proclamation of Emergency is in operation, the President may, by order, declare that the right to move any co...
9.111.143
The object of this amendment is a very simple one. The amendment that Dr. Ambedkar has moved covers all the fundamental rights. What I want is to limit the operation of article 280 to certain rights only. It is not necessary that, when a Proclamation of Emergency has been issued by the President, all the fundamental rights should be suspended. ...

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7.50.47
The Drafting Committee have made a change in this, a revolutionary change, I should say and put before this Honourable House. I will read their recommendation:     "No person shall be deprived of his life or personal liberty expect according to procedure established by law ……"
7.50.46
I will only give one illustration. The constituent Assembly in its last session passed the Fundamental Rights:      "No person shall be deprived of his life of liberty, without due process of law nor shall any person be denied the equal treatment of the laws within the territories of the Union."

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9.138.195
     In the minds of people who fear justiciability, there is a lurking feeling that if a law laying down principles of compensation goes to Court, the Court will invariably apply the market value standard. This has never been the case, In America, as I said, where th, words in the Constitution are "just compensation" and where the 14th Amendme...
9.138.194
     The question is what is the extent of justiciability in this article? The article requires that if the Legislature is to exercise the responsibility entrusted to it by the Constitution, it must lay down the principles of compensation; it must determine the manner and form in which the compensation is to be paid; and provided it yields comp...

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11.165.237
     I do want the House to understand that there are two conflicting moods in the minds of the people while approaching the fundamental rights: those that feel that the fundamental rights have gone too far, and those that feel that the fundamental rights have not gone far enough. Let me take up the position of my honourable Friends Pandit Kunz...
11.165.168
     Finally I wish, to say a word about article 21. As a lawyer I will say quite clearly that this article 21 which says that a person may not be deprived of his life or liberty except by procedure of law as established, gave me cause for considerable misgivings. I am afraid, that in this form article 21, if the Executive and Government of the...

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9.129.209
     : There are two articles in the American Constitution, articles 5 and 14 referring to due process of law. The House may remember that at a particular stage in the proceedings of this House, I took strong exception to that expression `due process' being borrowed into our Constitution. Yesterday in some other meeting somebody said that I was ...
9.129.209
     : There are two articles in the American Constitution, articles 5 and 14 referring to due process of law. The House may remember that at a particular stage in the proceedings of this House, I took strong exception to that expression `due process' being borrowed into our Constitution. Yesterday in some other meeting somebody said that I was ...

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7.80.35
    Yes, Sir. I come to particulars. Sir, it is, now about eleven months since some of the States have merged; and because there was no such enactment, they could not be absorbed into the provinces. This Bill rights the wrong which has been there for a long time. In a short time, I will describe the nature of the wrong that was there. For these ...
7.80.35
    Yes, Sir. I come to particulars. Sir, it is, now about eleven months since some of the States have merged; and because there was no such enactment, they could not be absorbed into the provinces. This Bill rights the wrong which has been there for a long time. In a short time, I will describe the nature of the wrong that was there. For these ...

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11.160.78
    Coming now to the provisions of the Constitution, I regard the provision of adult suffrage to be its greatest merit. The common man in India will now be the maker of his own destiny. I cannot understand the apprehensions of those who fear adult suffrage. We must have confidence in the common man. Adult suffrage has been one of the main deman...

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SCR.34
A comprehensive declaration of fundamental rights should be incorporated in the future constitution of India assuring (a) the liberties of the individual; (b) the freedom of Press and association; (c) equality of rights of citizenship of all nationals irrespective of birth, religion, colour, caste or creed; (d) full religious toleration, includ...

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7.52.59
 I will not repeat what my Honourable friend ShriAnanthasayanamAyyangar said but I do feel that in regard to the economic rights of the common man there is a lacuna. Although I agree that the provision "that no person shall be deprived of his property save by the authority of the law" is alright, I do not at the same time see why under justiciab...

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COH.8
7. The fundamental rights of all citizens of the Hindusthan Free State shall be as here under—(i) All men and women shall have equal rights as citizens.(ii) All citizens are equal before the law and possess equal civic rights. There shall be no law, civil or penal, substantive or procedural, of a discriminative nature.(iii) All citizens have an...

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3.18.34
Similarly, there is another thing that we have found all along that a Government which does not depend on the people and which rules the country by autocracy and by means of force, detains people without trial, without having to go through a judicial process. This is a thing against which Indians have been entertaining the bitterest feelings an...

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CFI.1
Article I. This Constitution is promulgated with the purpose of establishing the following rights, and enforcing the following fundamental principles of democratic freedom.(a) The supreme sovereignty belongs to the entire people, and shall be exercised directly through the control of the executive as well as the legislative functions of the Sta...

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11.159.111
Our Fundamental Rights are very good exclusive but I am not happy about one change which has been made with respect to personal liberty. So far as I am concerned I have not been able to understand why for one simple phraseology which we wanted to avoid we had to introduce articles 21 and 22. To avoid a well known expression "due process of law" ...

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7.51.16
Now the first requirement of a citizen is there must be security of life and there must be safeguard of liberty. This august House when considering the Draft Fundamental Rights laid down that nobody should be deprived of life and liberty except in accordance with due process of law. Now those words have been substituted by the words 'procedure e...

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SM.15
2. No State shall make or enforce any law or custom which shall abridge the privileges or immunities of citizens; nor shall any State deprive any person of life, liberty and property without due process of law; nor deny to any person within its jurisdiction equal protection of the law.

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NR.4
4. (i) All powers of government and all authority, legislative, executive and judicial, are derived from the people and the same shall be exercised in the Commonwealth of India through the organisations established by or under, anddue process of this constitution. (ii) No person shall be deprived of his liberty, nor shall his dwelling or proper...

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11.158.23
    Now coming to the Constitution itself, Sir, I feel proud that our countrymen have thought it necessary that the Fundamental Rights should give no discrimination, to any man who is considered to be lower in the rank and file of the nation. Articles 15 and 16 go to give no discrimination; at the same time they give equal opportunities of emplo...

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2.12.58
Sir, at the same time, I said this is not enough and I would like to say a few words about that. It is all very well to go back to our villages and to our friends and tell them that we have passed a resolution like this and that in future all their rights will be safeguarded and they will have no fears in regard to the future. But will it be eno...

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2.13.50
WHEREIN shall be guaranteed and secured to all the people of India justice, social, economic and political: equality of status, of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action, subject to law and public morality; and

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DC.15
15. No person shall be deprived of his life or personal liberty except according to procedure established by law, nor shall any person be denied equality before the law or the equal protection of the laws within the territory of India.

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8.104.12
If you refer to article 15 which we have already passed you will see that so far as the question of procedure is concerned it is still within the purview of the Legislature to make this or that procedure and the Supreme Court has no hand whatsoever in checking that procedure. Unless and until we make it clear that so far as the ultimate destiny...

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DCS.27
26. No person shall be deprived of his life or liberty, nor shall his dwellings be entered, save with due process of law.

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CB.13
7. (a) No person shall be deprived of his liberty, nor shall his dwelling or property be entered, sequestered, confiscated, save in accordance with law and by duly constituted Courts of Law. (b) Freedom of conscience and the free profession and practice of religion are, subject to public order or morality, hereby guaranteed to every person.(c) T...

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11.163.70
     In the chapter on Fundamental Rights, there is one other matter which requires more than a passing notice. Clause (4) of article 22 has been animadverted upon as if it were a charter to the Executive to detain a person for three months. There is no such thing. The whole of article 22 is designed to secure against any abuse of the provisions...
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