PART III
FUNDAMENTAL RIGHTS
General
Definition.
12. In this Part, unless the context otherwise requires, "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 or under the control of the Government of India.
Laws inconsistent with or in derogation of the fundamental rights.
[१]13. (1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
(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.
(3) In this article, unless the context otherwise requires,—
- (a) "law" includes any Ordinance, order, byelaw, rule, regulation, notification, custom or usage having in the territory of India the force of law;
- (b) "laws in force" includes laws passed or made by a legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
Right to Equality
Equality before law.
14. The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
15. (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—
- (a) access to shops, public restaurants, hotels and places of public entertainment; or
- ↑ In its application to the State of Jammu and Kashmir, in art. 13, references to the commencement of Constitution shall be construed as references to the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954, i. e., the 14th day of May, 1954.
