Vol. 13 · pages 146–150

Prohibition of traffic in human be- ings and en- forced labour 17. (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 pur- poses. In imposing such service the State shall not make any discrimination on the ground of race, re- ligion, caste or class. 5 Prohibition of employment of children in factories, etc. 18. 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. 10 Rights relating to Religion Freedom of conscience and free pro- fession, practice and propagation of religion. 19. (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 propa- gate religion. 15 Explanation.—The wearing and carrying of kirpans shall be deemed to be included in the pro- fession of the Sikh religion. 20 (2) Nothing in this article shall affect the opera- tion of any existing law or preclude the State from making any law— (a) regulating or restricting any economic, financial, political or other secular acti- vity which may be associated with reli- gious practice; 25 (b) for social welfare and reform or for throw- ing open Hindu religion institutions of a public character to any class or section of Hindus. 30 Freedom to manage re- ligious affairs and to own, acquire and administer properties for religious or charitable purposes. 20. Every religious denomination or any section thereof shall have the right— (a) to establish and maintain institutions for religious and charitable purposes; 35 (b) to manage its own affairs in matters of religion; (c) to own and acquire movable and immov- able property; and 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 145 113THE DRAFT CONSTITUTION

(d) to administer such property in accordance with law Freedom as to payment of taxes for promotion and main- tenance of any particular re- ligion or re- ligious deno- mination. 21. No person may be compelled to pay any taxes, the proceeds of which are specifically appro- priated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination. 5 Freedom as to attendance at religious ins- truction or religious worship in certain educa- tional institu- tions. *22. (1) No religious instruction shall be provided by the State in any educational institution wholly maintained out of State funds: 10 Provided that nothing in this clause 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. 15 (2) No person attending any educational institu- tion 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. 20 (3) Nothing in this article shall prevent any community or denomination from providing religious instruction for pupils of that community or denomi- nation in an educational institution outside its work- ing hours. 25 Cultural and Educational Rights 30 Protection of interests of minorities. 23. (1) Any section of the citizens residing in the territory of India or any part thereof having a dis- tinct language, script and culture of its own shall have the right to conserve the same. *This article follows the recommendation of the ad hoc Committee. 146 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 114 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(2) No minority whether based on religion, com- munity or language shall be discriminated against in regard to the admission of any person belonging to such minority into any educational institution maintained by the State. 5 (3) (a) All minorities whether based on religion, community or language shall have the right to estab- lish and administer educational institutions of their choice. (b) The State shall not, in granting aid to educa- tional institutions, discriminate against any educa- tional institution on the ground that it is under the management of a minority, whether based on reli- gion, community or language. 10 Right to Property 15 Compulsory acquisition of property. 24. (1) No person shall be deprived of his pro- perty save by authority of law. (2) No property, movable or immovable, includ- ing any interest in, or in any company owning, any commercial or industrial undertaking, shall be taken possession of or acquired for public purposes under any law authorising the taking of such possession or such acquisition, unless the law provides for the payment of compensation for the property taken possession of or acquired and either fixes the amount of the compensation, or specifies the principles on which, and the manner in which, the compensation is to be determined. 20 25 (3) Nothing in clause (2) of this article shall affect— 30 (a) the provisions of any existing law, or (b) the provisions of any law which the State may hereafter make for the purpose of imposing or levying any tax or for the promotion of public health or the preven- tion of danger to life or property. 35 Right to Constitutional Remedies Remedies for enforcement of rights conferred by this Part. 25, (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. 40 (2) The Supreme Court shall have power to issue directions or orders in the nature of the writs of THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 147 115THE DRAFT CONSTITUTION

habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part. (3) Parliament may by law empower any other court to exercise within the local limits of its juris- diction all or any of the powers exercisable by the Supreme Court under clause (2) of this article. 5 (4) The rights guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution. 10 Power to Parliament to modify the rights guaranteed in this Part in their appli- cation to Forces. 26. Parliament may by law determine to what extent any of the rights guaranteed in this Part shall in their application to the members of the Armed Forces or the Forces charged with the main- tenance of public order be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them. 15 Legislation to give effect to the provi- sions of this Part. 27. Notwithstanding anything elsewhere con- tained in this Constitution, Parliament shall have, and the Legislature of a State for the time being specified in Part I or Part III of the First Schedule shall not have, power to make laws— 20 (a) with respect to any of the matters which under this Part are required to be provided for by legislation by Parliament, and (b) for prescribing punishment for those acts which are declared to be offences under this Part; 25 and Parliament shall, as soon as may be after the commencement of this Constitution, make laws to provide for such matters and for prescribing punish- ment for such acts : 30 Provided that any law in force in the territory of India or in any part thereof with respect to any of the matters referred to in clause (a) of this article or providing for punishment for any act which is de- clared to be an offence under this Part shall continue in force therein until altered or repealed or amended by Parliament or other competent authority. 35 40 148 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 116 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

PART IV Directive Principles of State Policy Definition. 28. In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III of this Constitution. 5 Application of the prin- ciples set forth in this Part. 29. The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. 10 State to se- cure a social order for the promotion and welfare of the people. 30. The State shall strive to promote the welfare of the people by securing and protecting as effective- ly as it may a social order in which justice, social, economic and political, shall inform all the institu- tions of the national life. 15 Certain principles of policy to be followed by the State. 31. The State shall, in particular, direct its policy towards securing— (i) that the citizens, men and women equally, have the right to an adequate means of livelihood; 20 (ii) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; 25 (iii) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; (iv) that there is equal pay for equal work for both men and women; 30 (v) that the strength and health of workers, men and women and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; 40 (vi) that childhood and youth are protected against exploitation and against moral and material abandonment. 45 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 149 117THE DRAFT CONSTITUTION