CHAPTER I.– FUNDAMENTAL RIGHTS
8. Laws inconsistent with or in derogation of Fundamental Rights to be void.(1) Any law, or
any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by
this Chapter, shall, to the extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the rights so conferred and
any law made in contravention of this clause shall, to the extent of such contravention, be void.
(3) The Provisions of this Article shall not apply to—
(a) any law relating to members of the Armed Forces, or of the police or of such other forces
as are charged with the maintenance of public order, for the purpose of ensuring the
proper discharge of their duties or the maintenance of discipline among them; or
1[(b) any of the—
(i) laws specified in the First Schedule as in force immediately before the commencing
day or as amended by any of the laws specified in that Schedule;
(ii) other laws specified in Part I of the First Schedule;]
and no such law nor any provision thereof shall be void on the ground that such law or provision
is inconsistent with, or repugnant to, any provision of this Chapter.
(4) Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two
years from the commencing day, the appropriate Legislature shall bring the laws specified in 2[Part II
of the First Schedule] into conformity with the rights conferred by this Chapter :
Provided that the appropriate Legislature may by resolution extend the said period of two years
by a period not exceeding six months.
Explanation.– If in respect of any law 3[MajliseShoora (Parliament)] is the appropriate
Legislature, such resolution shall be a resolution of the National Assembly.
(5) The rights conferred by this Chapter shall not be suspended except as expressly provided by
the Constitution.
9. Security of person. No person shall be deprived of life or liberty save in accordance with law.
10. Safeguards as to arrest and detention.(1) 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 be defended by a legal practitioner of his choice.
1 Subs. by the Constitution (Fourth Amdt.) Act, 1975 (71 of 1975), s. 2, for "paragraph (b)", (w.e.f the 21st November, 1985), which was previously amended by Act 33 of 1974, s. 3, (w.e.f
4th May, 1974).
2 Subs. by the Constitution (Fourth Amdt.) Act, 1975 (71 of I975), s. 2, for "the First Schedule, not being a law which relates to, or is connected with, economic reforms."
3 Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch., for "Parliament".
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