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2023 Revised Edition
Contents

Chapter III · Fundamental Rights

15. Restrictions on fundamental rights

Unofficial copy, with amendments up to 31 Oct 2022. Later amendments are not included. Check the official text before you rely on it.

(1)

The exercise and operation of the fundamental rights declared and recognized by Articles 13(5) and 13(6) shall be subject only to such restrictions as may be prescribed by law in the interests of national security. For the purposes of this paragraph “law” includes regulations made under the law for the time being relating to public security.

(2)

The exercise and operation of the fundamental right declared and recognized by Article 14(1)(a) shall be subject to such restrictions as may be prescribed by law in the interests of racial and religious harmony or in relation to parliamentary privilege, contempt of court, defamation or incitement to an offence.

(3)

The exercise and operation of the fundamental right declared and recognized by Article 14(1)(b) shall be subject to such restrictions as may be prescribed by law in the interests of racial and religious harmony.

(4)

The exercise and operation of the fundamental right declared and recognized by Article 14(1)(c) shall be subject to such restrictions as may be prescribed by law in the interests of racial and religious harmony or national economy.

(5)

The exercise and operation of the fundamental right declared and recognized by Article 14(1)(g) shall be subject to such restrictions as may be prescribed by law in the interests of national economy or in relation to –

(a)

the professional, technical, academic, financial and other qualifications necessary for practising any profession or carrying on any occupation, trade, business or enterprise and the licensing and disciplinary control of the person entitled to such fundamental right; and

(b)

the carrying on by the State, a State agency or a public corporation of any trade, business, industry, service or enterprise whether to the exclusion, complete or partial, of citizens or otherwise.

(6)

The exercise and operation of the fundamental right declared and recognized by Article 14(1)(h) shall be subject to such restrictions as may be prescribed by law in the interests of national economy.

(7)

The exercise and operation of all the fundamental rights declared and recognized by Articles 12, 13(1), 13(2)

and 14 shall be subject to such restrictions as may be prescribed by law in the interests of national security, public order and the protection of public health or morality, or for the purpose of securing due recognition and respect for the rights and freedoms of others, or of meeting the just requirements of the general welfare of a democratic society. For the purposes of this paragraph “law” includes regulations made under the law for the time being relating to public security.

(8)

The exercise and operation of the fundamental rights declared and recognized by Articles 12(1), 13 and 14

shall, in their application to the members of the Armed

Forces, Police Force and other Forces charged with the maintenance of public order, be subject to such restrictions as may be prescribed by law in the interests of the proper discharge of their duties and the maintenance of discipline among them.

Chapter IV

Language

Chapter V

Citizenship

Chapter VI

Directive Principles of State Policy and Fundamental Duties

Chapter VII

The Executive

Chapter VIIA

The Constitutional Council

Chapter VIII

The Executive

Chapter IX

The Executive

Chapter X

The Legislature

Chapter XI

The Legislature

Chapter XII

The Legislature

Chapter XIII

The Referendum

Chapter XIV

The Franchise and Elections

Chapter XIVA

Election Commission

Chapter XV

The Judiciary

Chapter XVA

Judicial Service Commission

Chapter XVI

The Superior Courts

Chapter XVII

Finance

Chapter XVIIA

146[CHAPTER XVII a

Chapter XVIII

Public Security

Chapter XVIIIA

National Police Commission

Chapter XIX

The Parliamentary Commissioner for Administration

Chapter XIXA

Commission to Investigate Allegations of Bribery or Corruption

Chapter XIXB

National Procurement Commission

Chapter XX

General

Chapter XXI

Transitional Provisions

Chapter XXII

Interpretation

Chapter XXIII

Repeal

Chapter XXIV

Promulgation of the Constitution

Schedules