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Articles

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7.67.197
Similarly, when the Japanese Constitution and other Constitutions used this word in the broad sense they meant to convey by the word 'law' universal principles of justice etc.
7.67.201
The House has already accepted the word "reasonable" in article 13. At least 70 per cent of the Acts which can evolve personal liberty have now come under the jurisdiction of the courts, and the courts are competent to pronounce an opinion on such laws, whether they are reasonable or not. The House is now stopped from adopting another principle...

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9.141.230
Then the next question is if you guarantee personal liberty in the Constitution either by the use of the words "due process" or procedure or any such thing the State will be hampered even with regard to detention and in regard to deportation. It is agreed on all hands that the security of the State is as important as the liberty of the individua...
9.141.198
If I may just digress for a minute here, what does the, expression "due process of law" mean? It was for the first time introduced in England in the, year 1353 in the reign of King Edward III when a statute was passed incorporating the substance of the great Magna Carta which King John had given to the people of England a century earlier.

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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...
8.89.72
     : Mr. President, Sir, I move:     "That to clause (1) of article 102, the following proviso be added :-     "Provide 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.”

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8.98.176
     Now we come to the second aspect, which relates to ordinary civil cases, for which provision is made in article 111. Mr. Anthony and some other honourable Members have observed that the framers of this Constitution were civil lawyers and that they have, in the interest of civil litigation, enlarged or maintained the jurisdiction of the Sup...
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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7.64.131
We have in this Constitution as we have in many other Constitutions provisions relating to a state of emergency where the normal Constitution is suspended. I am not at all enamoured of these extraordinary exceptions to the working of constitutions; but even I might conceive that in moments of emergency it may be necessary, however regrettable it...
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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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...
3.19.148
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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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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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...
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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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 ...
11.157.224
     Now, Sir, I come to article 34 which relates to martial law. This article, too, has been subjected to some strong criticism. I am sorry to say that Members who spoke against article 34 did not quite realise what article 20, clause (1) and article 21 of the Constitution propose to do. Sir, I would like to read article 20, clause (a) and also...

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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 protect...
7.65.109
     Again begging is a common profession in our society today. Should it be permitted to continue as it is? I submit that there should be a good arrangement for bringing it to an end.

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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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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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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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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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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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9.137.282
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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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...
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...

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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."
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 ……"

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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