21
Federal Constitution
[Article 4]
(b) it imposes such restrictions as are mentioned in Clause
(2) of Article 10 but those restrictions were not deemed
necessary or expedient by Parliament for the purposes
mentioned in that Article.
(3) The validity of any law made by Parliament or the
Legislature of any State shall not be questioned on the ground
that it makes provision with respect to any matter with respect
to which Parliament or, as the case may be, the Legislature of
the State has no power to make laws, except in proceedings for
a declaration that the law is invalid on that ground or—
(a) if the law was made by Parliament, in proceedings between
the Federation and one or more States;
(b) if the law was made by the Legislature of a State, in
proceedings between the Federation and that State.
(4) Proceedings for a declaration that a law is invalid on the
ground mentioned in Clause (3) (not being proceedings falling
within paragraph (a) or (b) of the Clause) shall not be commenced
without the leave of a judge of the Federal Court; and the Federation
shall be entitled to be a party to any such proceedings, and so
shall any State that would or might be a party to proceedings
brought for the same purpose under paragraph (a) or (b) of the
Clause.
Part II
FUNDAMENTAL LIBERTIES
Liberty of the person
5. (1) No person shall be deprived of his life or personal liberty
save in accordance with law.
(2) Where complaint is made to a High Court or any judge
thereof that a person is being unlawfully detained the court shall
inquire into the complaint and, unless satisfied that the detention
is lawful, shall order him to be produced before the court and
release him.
(3) Where a person is arrested he shall be informed as soon
as may be of the grounds of his arrest and shall be allowed to
consult and be defended by a legal practitioner of his choice.
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