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Dispatch → Factbook → Legislation
Article 3
Article 3: Fundamental Rights and Directive Principles of State policy. In this Part, unless the context otherwise requires,
“The State’’ includes the Government and Senate of
Mauravia and the Government and the Legislature of each of
The States and all local or other authorities within the
Territory of Mauravia or under the control of the Government
Of Mauravia.
(1)All laws in force in the territory of Mauravia
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, bye-law,
Rule, regulation, notification, custom or usage having
In the territory of Mauravia the force of law;
(b) “Laws in force” includes laws passed or made by
A Legislature or other competent authority in the
Territory of Mauravia 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Constitution and not previously repealed,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.
(4) "No amendment shall abolish or substantially impair the democratic government, constitutional supremacy, judicial independence, free and fair elections, or the fundamental rights guaranteed by this Constitution."
(5) The State shall not deny to any person equality
Before the law or the equal protection of the laws within the
Territory of Mauravia.
Definition.
Laws inconsistent with or in derogation of the fundamental rights.
(6)
(a) The State shall not discriminate against any
Citizen on grounds only of religion, race, caste, sex, place
Of birth or any of them.
(b) 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—
Access to shops, public restaurants, hotels and
Places of public entertainment and places of public resort maintained wholly or
Partly out of State funds or dedicated to the use of
The general public.
(c) Nothing in this article shall prevent the State from
Making any special provision for women and children.
(7). (a) There shall be equality of opportunity for all
Citizens in matters relating to employment or appointment
To any office under the State.
(b) No citizen shall, on grounds only of religion, race,
Caste, sex, descent, place of birth, residence or any of
Them, be ineligible for, or discriminated against in respect
Of, any employment or office under the State.
(8)
(a) No title, not being a military or academic
Distinction shall be conferred by the State.
(b) No citizen of Mauravia shall accept any title from any
Foreign State.
(c) No person who is not a citizen of Mauravia shall,
While he holds any office of profit or trust under the
State, accept without the consent of the Elder any
Title from any foreign State.
(d) No person holding any office of profit or trust
Under the State shall, without the consent of the President,
Accept any present, emolument, or office of any kind
From or under any foreign State.
(9). 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;
(d) To move freely throughout the territory of Mauravia;
(e) To reside and settle in any part of the territory
Of Mauravia
(f) To practice any profession, or to carry on any
Occupation, trade or business.
Nothing in sub-clause shall affect
The operation of any existing law, or prevent the State
From making any law, in so far as such law imposes
Reasonable restrictions on the exercise of the right
Conferred by the said sub-clause in the interests of the
Sovereignty and integrity of Mauravia, the security of the
State, friendly relations with foreign States, public order,
Or in relation to contempt of court, defamation or incitement to an offence.
(10) Nothing in sub-clause shall
Affect the operation of any existing law in so far as it
Imposes, or prevent the State from making any law
Imposing, in the interests of the sovereignty and integrity
Of Mauravia or public order, reasonable restrictions on the
Exercise of the right conferred by the said sub-clause.
(11) Nothing in the said clause shall
Affect the operation of any existing law in so far as it
Imposes, or prevent the State from making any law
Imposing, in the interests of 4
[The sovereignty and integrity of Mauravia or public order or morality, reasonable
Restrictions on the exercise of the right conferred by the
Said sub-clause.
(12) Nothing in
Of the said clause shall affect the operation of any existing law in so
Far as it imposes, or prevent the State from making any
Law imposing, reasonable restrictions on the exercise of
Any of the rights conferred by the said sub-clauses either
In the interests of the general public
(13). (a) 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 in force at the time of the
Commission of the offence.
(b) No person shall be prosecuted and punished for
The same offence more than once.
(c) No person accused of any offence shall be compelled
To be a witness against himself.
(14). No person shall be deprived of his life or personal
Liberty except according to procedure established by law
(15). (a) No person who is arrested shall be detained in
Custody without being informed, as soon as may be, of the
Grounds for such arrest nor shall he be denied the right to
Consult, and to be defended by, a legal practitioner of his
Choice.
(b) Every person who is arrested shall be produced before the nearest magistrate
Within a period of twenty-four hours of such arrest
Excluding the time necessary for the journey from the
Place of arrest to the court of the magistrate and no such
Person shall be detained in custody beyond the said
Period without the authority of a magistrate.
(c) Nothing in clauses (a) and (b) shall apply—
I) to any person who for the time being is an enemy
Alien; or
ii) To any person who is arrested or detained under
Any law providing for preventive detention.
Right to Freedom of Religion
(17). (a) 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, practice and propagate religion.
(b) Nothing in this article shall affect the operation
Of any existing law or prevent the State from making
Any law—
(I) regulating or restricting any economic, financial,
political or other secular activity which may be
associated with religious practice;
(18). 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.
(19). 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.
(20). (a) No religious instruction shall be provided in
Any educational institution wholly maintained out of State
Funds.
(b) No person attending any educational institution
Recognized 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
(21).
(1) Any section of the citizens residing in the
Territory of Mauravia 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.
(22). (1) All minorities, whether based on religion or
Language, shall have the right to establish and administer
Educational institutions of their choice.
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Right to Constitutional Remedies
(22). (a) the right to move the Supreme Court by
Appropriate proceedings for the enforcement of the rights
Conferred by this Part is guaranteed.
(b) The Supreme Court shall have power to issue
Directions or orders or writs, including writs in the nature
Of habeas corpus, mandamus, prohibition, quo warrantor and
Certiorari, whichever may be appropriate, for the
Enforcement of any of the rights conferred by this Part.
(c) Without prejudice to the powers conferred on the
Supreme Court by clauses (a) and (b), Senate may by
Law empower any other court to exercise within the local
Limits of its jurisdiction all or any of the powers exercisable
By the Supreme Court under clause (b).
(d) The right guaranteed by this article shall not be
Suspended except as otherwise provided for by this
Constitution.
(23). Senate may, by law, determine to what extent
Any of the rights conferred by this Part shall, in their
Application to,—
(a) The members of the Armed Forces; or
(b) The members of the Forces charged with the
Maintenance of public order; or
(c) Persons employed in any bureau or other
Organization established by the State for purposes of
Intelligence or counter intelligence; or
(d) Person employed in, or in connection with,
The telecommunication systems set up for the
Purposes of any Force, bureau or organization
Referred to in clauses (a) to (c),
Be restricted or abrogated so as to ensure the proper
Discharge of their duties and the maintenance of
Discipline among them.
(24). notwithstanding anything in the foregoing
Provisions of this Part, Senate may by law indemnify
Any person in the service of the Union or of a State or
Any other person in respect of any act done by him in
Connection with the maintenance or restoration of order
In any area within the territory of Mauravia where martial
Law was in force or validates any sentence passed,
Punishment inflicted, forfeiture ordered or other act done
Under martial law in such area.
