112 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
144 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948
Protection in respect of conviction of offence
Protection of life and personal liberty and equality before law.
Freedom of trade, commerce and intercourse throughout the territory of India
restrictions on the exercise of the right conferred by the said sub-clause and in particular prescribing, or empowering any authority to prescribe, the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business.
- (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.
*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.
**16. Subject to the provisions of article 244 of this Constitution and of any law made by Parliament, trade, commerce and intercourse throughout the territory of India shall be free.
*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 “without 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 “equality 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.
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(2) No person shall be punished for the same offence more than once.
(3) No person accused of any offence shall be 15 compelled to be a witness against himself.
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