Vol. 13 · pages 141–145

PART II Citizenship Citizenship at the date of commence- ment of the Constitution. 5. At the date of commencement of this Constitu- tion— (a) every person who or either of whose parents or any of whose grand-parents was born in the territory of India as defined in this Constitution and who has not made his permanent abode in any foreign State after the first day of April, 1947; and 5 10 (b) every person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), or in Burma, Ceylon or Malaya, and who has his domicile in the territory of India as defined in this Constitution, 15 shall be a citizen of India, provided that he has not acquired the citizenship of any foreign State before the date of commencement of this Constitution. 20 Explanation.—For the purposes of clause (b) of this article, a person shall be deemed to have his domicile in the territory of India— (i) if he would have had his domicile in such territory under Part II of the Indian Succession Act, 1925, had the provisions of that Part been applicable to him, or 25 *(ii) if he has, before the date of commencement of this Constitution, deposited in the office of the District Magistrate a declaration in writing of his desire to acquire such domicile and has resided in the territory of India for at least one month before the date of the declaration. 30 Parliament to regulate the right of citizenship by law. 6. Parliament may, by law, make further provi- sion regarding the acquisition and termination of citizenship and all other matters relating thereto. 35 *The Committee is of opinion that auxiliary action whether by legislation or otherwise may have to be taken before the commence- ment of this Constitution for the receipt of declarations, keeping of registers of such declarations and other incidental matters for the purpose of clause (ii) of the Explanation. 140 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 108 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

PART III Fundamental Rights GENERAL Definition. 7. In this Part, unless the context otherwise re- quires, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India. 5 Savings. 8. (1) All laws in force immediately before the commencement of this Constitution in the territory of India, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void. 10 (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void: 15 *Provided that nothing in this clause shall prevent the State from making any law for the removal of any inequality, disparity, disadvantage or discrimi- nation arising out of any existing law. 20 (3) In this article, the expression “law” includes any Ordinance, order, bye-law, rule, regulation, noti- fication, custom or usage having the force of law in the territory of India or any part thereof. 25 Rights of Equality Prohibition of discrimina- tion on grounds of religion, race, caste or sex. 9. (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or any of them. In particular, no citizen shall, on grounds only of religion, race, caste, sex or any of them, be subject 30 *The proviso has been added in order to enable the State to make laws removing any existing discrimination. Such laws will necessarily be discriminatory in a sense, because they will operate only against those who hitherto enjoyed an undue advantage. It is obvious that laws of this character should not be prohibited. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 141 109THE DRAFT CONSTITUTION

to any disability, 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, roads and places of public resort maintained wholly or part- ly out of the revenues of the State or de- dicated to the use of the general public. 5 (2) Nothing in this article shall prevent the State from making any special provision for women and children. 10 Equality of opportunity in matters of public employment. 10. (1) There shall be equality of opportunity for all citizens in matters of employment under the State. (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth or any of them, be ineligible for any office under the State. 15 (3) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens who, in the opinion of the State, are not adequately represented in the services under the State. 20 (4) Nothing in this article shall affect the opera- tion of any law which provides that the incumbent of an office in connection with the affairs of any reli- gious or denominational institution or any member of the governing body thereof shall be a person pro- fessing a particular religion or belonging to a parti- cular denomination. 25 Abolition of Untouchabi- lity. 11. “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Uhtouchability” shall be an offence punishable in accordance with law. 30 Abolition of titles. 12. (1) No title shall be conferred by the State. (2) No citizen of India shall accept any title from any foreign State. 35 (3) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, title or office of any kind from or under any foreign State. 40 *The Committee is of opinion that before the words “class of citizens” the word “backward” should be inserted. 142 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 110 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Protection of certain rights re- garding free- dom of speech, etc. 13. (1) Subject to the other provisions of this article, all citizens shall have the right— (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; 5 (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the terri- tory of India; (f) to acquire, hold and dispose of property; and 10 (g) to practise any profession, or to carry on any occupation, trade or business. (2) Nothing in sub-clause (a) of clause (1) of this article shall affect the operation of any existing law, or prevent the State from making any law, relating to libel, slander, defamation, sedition or any other matter which offends against decency or morality or undermines the authority or foundation of the State. 15 20 (3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law, or prevent the State from making any law, imposing in the interests of public order restrictions on the exercise of the right conferred by the said sub-clause. 25 (4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law, or prevent the State from making any law, imposing, in the interests of the general public, restrictions on the exercise of the right conferred by the said sub- clause. 30 (5) Nothing in sub-clauses (d), (e) and (f) of the said clause shall affect the operation of any existing law, or prevent the State from making any law, im- posing restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the in- terests of the general public or *for the protection of the interests of any aboriginal tribe. 35 (6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law, or prevent the State from making any law, imposing in the interests of public order, morality or health, 40 *The Committee is of opinion that no protection to any minor- ity group is necessary in this article. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 143 111THE DRAFT CONSTITUTION

restrictions on the exercise of the right conferred by the said sub-clause and in particular prescribing, or empowering any authority to prescribe, the pro- fessional or technical qualifications necessary for practising any profession or carrying on any occu- pation, trade or business. 5 Protection in respect of conviction of offence 14. (1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law at the time of the commission of the offence. 10 (2) No person shall be punished for the same offence more than once. (3) No person accused of any offence shall be compelled to be a witness against himself. 15 Protection of life and per- sonal liberty and equality before law. *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. 20 Freedom of trade, com- merce and intercourse throughout the territory of India **16. Subject to the provisions of article 244 of this Constitution and of any law made by Parlia- ment, trade, commerce and intercourse throughout the territory of India shall be free. 25 *The Committee is of opinion that the word “liberty” should be qualified by the insertion of the word “persona” before it, for otherwise it might be construed very widely so as to include even the freedoms already dealt with in article 13. The Committee has also substituted the expression “except according to procedure established by law” for the words “with- out due process of law” as the former is more specific (c.f. Art. XXXI of the Japanese Constitution, 1946). The corresponding provision in the Irish Consitution runs ; “No citizen shall be deprived of his personal liberty have in accordance with law”. The Committee is also of opinion that the words “or the equal protection of the laws” should be inserted after the words “equa- lity before the law” as in section 1 of Article XIV of the U.S.A. Constitution (1865). **The Committee has omitted the words “by and between the citizens” which occurred alter the words “trade, commerce and intercourse” in the provision as adopted by the Constituent Assembly. The qualifying words might necessitate elaborate inquiries at State frontiers as to the nationality of the consignor and consignee. 144 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 112 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES