Quick Answer: Do fundamental rights apply to foreigners?

The Fundamental Rights guaranteed by Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to all persons whether citizens or foreigners. The Fundamental Rights guaranteed by Articles 15, 16, 19, 29, and 30 are available only to citizens of India.

Which Fundamental Rights are not available to foreigners?

FR available only to citizens and not to foreigners

1. Prohibition of discrimination on grounds of religion, race, Sex, castes or place of birth (Article 15). 2. Protection in respect of conviction for offences (Article20).

Which Fundamental Rights are given to foreigners?


Fundamental Rights (available to citizens as well foreigners) (except enemy aliens) Fundamental Rights available to citizens only
Equality before law. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

Do fundamental duties extend to foreigners?

Unlike some of the Fundamental Rights which extend to all persons whether citizens or foreigners, the Fundamental Duties are confined to citizens only and do not extend to foreigners. Like the Directive Principles, the fundamental duties are also non-justiciable.

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Do foreigners have the same rights?

In particular, foreign nationals are generally entitled to the equal protection of the laws, to political freedoms of speech and associ- ation, and to due process requirements of fair procedure where their lives, liberty, or property are at stake.

Which fundamental right is guaranteed only to the citizens and not to the foreigners?

The following is the list of fundamental rights that are available only to citizens (and not to foreigners): Prohibition of discrimination on grounds of race, religion, caste, gender or place of birth (Article 15). Equality of opportunity in matters of public employment (Article 16).

Is right to property available to foreigners in India?

Foreign nationals of non-Indian origin resident outside India can acquire/ transfer immovable property in India, on lease not exceeding five years and can acquire immovable property in India by way of inheritance from a resident.

Which rights are available to foreigners living in India?

Fundamental rights available to both citizens and foreigners except enemy aliens

  • Equality before law and equal protection of laws (Article 14).
  • Protection in respect of conviction for offences (Article 20).
  • Protection of life and personal liberty (Article 21).
  • Right to elementary education (Article 21A).

Is right to property available for foreigners?

the foreign nationals residing outside india are not eligible to buy properties in india. … citizens from pakistan, bangladesh, sri lanka, afghanistan, china, iran, nepal, or bhutan who are resident in india can only purchase immovable property in india with the special permission of the rbi and government of india.

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Is freedom of speech available to foreigners?

The main elements of right to freedom of speech and expression are as under- 1. This right is available only to a citizen of India and not to foreign nationals. … This restriction on the freedom of speech of any citizen may be imposed as much by an action of the State as by its inaction.

Does the Constitution give political right to foreigners and non citizens?

However , except for article 15,16, 19,29 and 30, and the right to vote and constitutional posts, every right given in the part 3 of the constitution of India is available to the non- citizens, or is available to every ‘person’, irrespective of his/her nationality, and not specifically to the citizens.

Does Article 14 apply to foreigners?

Article 14 guarantees equality to all persons, including citizens, corporations, and foreigners. Its provisions have come up for discussion in the Supreme Court in a number of cases and the case of Ram Krishna Dalmia vs Justice S R Tendolkar reiterated its meaning and scope as follows.

What are the rights and responsibilities of non-citizens?

Non-citizens should have freedom from arbitrary killing, inhuman treatment, slavery, arbitrary arrest, unfair trial, invasions of privacy, refoulement, forced labour, child labour and violations of humanitarian law.

Does the Second Amendment apply to non-citizens?

While the right to bear arms extends to unauthorized non-citizens in the U.S., the Second Amendment also allows for limits. That includes a federal law banning unauthorized immigrants and nonimmigrant visa holders from possessing firearms, the court concluded.

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