THE CONSTITUTION OF INDIA. India

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СКАЧАТЬ the commencement of s. 3 of the Constitution (Forty-fourth Amendment) Act, 1978, art. 22 shall stand amended as directed in s. 3 of that Act. For the text of s. 3 of that Act, see Appendix III.

      (b) to any person who is arrested or detained under any law providing for preventive detention.

      (4) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless—

      (a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:

      Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or

      (b) such person is detained in accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7).

      (5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.

      (6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.

      (7) Parliament may by law prescribe—

      (a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4);

      (b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and

      (c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).

      Right against Exploitation

      23. Prohibition of traffic in human beings and forced labour

      (1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

      (2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

      24. Prohibition of employment of children in factories, etc

      No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

      Right to Freedom of Religion

      25. Freedom of conscience and free profession, practice and propagation of religion

      (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

      (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law—

      (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

      (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

      Explanation I. — The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

      Explanation II. — In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

      26. Freedom to manage religious affairs

      Subject to public order, morality and health, every religious denomination or any section thereof shall have the right—

      (a) to establish and maintain institutions for religious and charitable purposes;

      (b) to manage its own affairs in matters of religion;

      (c) to own and acquire movable and immovable property; and

      (d) to administer such property in accordance with law.

      27. Freedom as to payment of taxes for promotion of any particular religion

      No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

      28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions

      (1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.

      (2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.

      (3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.

      Cultural and Educational Rights

      29. Protection of interests of minorities

      (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

      (2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

      30. Right of minorities to establish and administer educational institutions

      (1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

      (1A) In making any law providing for the compulsory acquisition of any property of an educational institution СКАЧАТЬ