THE DRAFT CONSTITUTION 109
THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 141
PART III
Fundamental Rights
GENERAL
Definition. 7. 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.
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.
(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:
*Provided that nothing in this clause shall prevent the State from making any law for the removal of any inequality, disparity, disadvantage or discrimination arising out of any existing law.
(3) In this article, the expression “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having the force of law in the territory of India or any part thereof.
Rights of Equality
Prohibition of discrimination on grounds of religion, race, caste or sex.
- (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
*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.
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