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Articles

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7.67.221
We know it to our cost that even the Commissioner of Police does not look into these matters personally as he is expected to do and signs or issues warrants on the reports of subordinate officials. It is better under such circumstances that there is some checkup on the exercise of such powers if they are arbitrarily used. I therefore fully suppo...
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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9.141.210
When this clause came up for discussion before the House on 6th December 1948 an amendment was moved suggesting that the words "due process of law" be substituted for the words "according to procedure prescribed by law". The strongest supporter of this amendment at that time was our esteemed Friend Mr. Munshi. His speech on that occasion is to b...
9.141.209
These are the additional provisions in the Japanese Constitution. They form one consistent, integrated whole, and incorporate the pith and substance of the phrase 'due process of law'. But what our Drafting Committee has done is to copy article XXXI only, and exclude from the Constitution of Free India anything corresponding to articles XXXII to...

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8.89.135
     Now let me take amendment No. 1796 moved by Mr. Pocker '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.' I cannot understand this. This is an extraordinary procedure. Ordinance means extraordinary procedure. In such an emergency the qu...
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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8.98.128
     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 ...
8.98.180
   Does this article 112 of the Constitution give to the Supreme Court the same opportunity of doing justice, according to the principles of natural justice, as the Privy Council had, or are the rights taken away.

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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...
7.64.128
Mr. Vice-President, Sir, I beg to move:     "That the following new clause be added after clause(1) of article 13:     'Liberty of the person is guaranteed. No person shall be deprived of his life, nor be arrested or detained in custody, or imprisoned, except according to due process of law, nor shall any person be denied equality before the law...

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7.72.59
 : I shall now put the amendments one by one to vote. No. 523.         The question is:--     "That in article 15, for the words "No person shall be deprived of his life or personal liberty except according to procedure established by law" the words "No person shall be deprived of his life or liberty without due process of law" be substituted."...
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: ...

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3.19.143
I want to refer to that. I support the main motion as amended by the Hon'ble Mr. Nichols-Roy, but I would like to make some alteration as regards the proposal which was made that special protection of existing laws should be maintained. There is a regulation called Chin-Hill Regulation. I wonder how many Honourable Members of this House know abo...
3.19.155
I shall now put Mr. Lahiri's amendment to the House. The amendment seeks to substitute the words "defence of the Union" for the words "security of the Union" occurring in the first para of clause 8. As amended, it will read:     "There shall be liberty for the exercise of the following rights subject to public order and morality or to the existe...

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11.157.226
  Now, it is obvious that when there is a riot, insurrection or rebellion, or the overthrow of the authority of the State in any particular territory martial law is introduced. The officer in charge of martial law does two things. He declares by his order that certain acts shall be offences against his authority, and, secondly, he prescribes his...
11.157.227
  It is therefore necessary to make a positive statement or positive provisions to permit that notwithstanding anything contained in article 20 or article 21, any act proclaimed by the Commander-in-Chief as an offence against his order shall be an offence. Similarly, the procedure prescribed by him shall be procedure deemed to be established by ...

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9.120.89
    Now, Sir, according to the fundamental rights as they exist today, this article 15 is the greatest blot on our Constitution. By article 15, whatever we had given in article 13 we have taken away. If the adjective law has been sought to be corrected by enacting article 13, and safeguards against the misuse of the powers given under article 13...
9.120.194
    : Mr. Vice-President, Sir, I have listened to my honourable Friend Mr.Alladi Krishnaswami Ayyar with the attention he deserves. But what I could not understand is this, that in article 13 certain rights are given. In that very article there is a provision that those rights may be restricted. There are certain other rights given in article 15...

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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...
7.65.210
The question is:   "That the following new clause be added after clause (1) of article 13:--     "Liberty of the person is guaranteed. No person shall be deprived of his life, nor be arrested or detained in custody, or imprisoned, except according to due process of law, nor shall any person be denied equality before the law or equal protection o...

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SR.18
“Individual liberty,” writes Mr. A.G. Gardiner, “would mean social anarchy”. “In order that the liberties of all may be preserved, the liberties of everybody must be curtailed.”In matters which are entirely personal and which do not touch anybody else’s liberty, we are free to do as we like. Says Mr. Gardiner: “If I choose to go down the Strand ...
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.

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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 ...
9.126.129
: Sir, I want to oppose the amendment of Dr. Ambedkar. This is a very important entry in this list. I have throughout held and protested against the powers of the Executive to detain persons without trial and I opposed those provisions which enable the President to pass Ordinances and in consistency with my view I have come here to oppose this ...

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

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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...
11.164.54
  Sir, article 21 guarantees personal liberty and article 22 provides for preventive detention. In article 21, I would have like to include the safety of the person, his dwelling and his personal property from being searched or confiscated, because the powers of search and detention by Governments have played a disastrous part in our own politic...

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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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9.111.142
: 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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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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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...
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...

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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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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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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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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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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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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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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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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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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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11.161.20
Another objection to the Constitution is the absence of the words 'without due process of law' in article 15 and the limitations on article 13. Without these words, and with the limitations on article 13, I maintain even today very seriously that there is no scope for full civil liberties in India. When there is an invasion of the Fundamental Ri...

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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...

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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 ...

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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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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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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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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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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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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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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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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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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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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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