Which Fundamental Right Is Available To Non Citizens?

Do non citizens have constitutional rights in India?

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.

Name of Right..

Is Article 19 available 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.

Does Article 14 apply foreigners?

The protection of Article 14 applies equally to both citizens and foreigners. … The Accord deems any person who cannot prove his ancestry beyond March 24, 1971 as an alien.

Why is CAA illegal?

“This law is bad and violates Article 14 of the Constitution because it effectively treats people situated equally, unequally.” Article 14 of the Constitution says that: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

Why is CAA not good?

CAA violates Constitutional secular principles and is a violation of Articles 13, 14, 15, 16 and 21 which guarantee the right to equality, equality before the law and non-discriminatory treatment by the Indian State. … There is no way for a Muslim who is declared an ‘illegal migrant’ to get citizenship in India.

Why CAA is unconstitutional?

The CAA is unconstitutional for both violating the text of the Constitution but also going fundamentally against one of the basic features of the Constitution.

Which fundamental right is available to citizens only?

Under the Indian constitution, certain fundamental rights are available only to the citizens, namely: Right against discrimination on the grounds of religion, race, caste, sex or place of birth (Article 15); right to equality of opportunity in matter of public employment (Article 16); freedom of speech and expression, …

Is Article 18 available to foreigners?

Takeaway: [i]Article 18 is applicable even on foreigners. [ii] Article 18 prohibits only hereditary titles of nobility. … The awards cannot be used by the recipient as a title and do not, accordingly, come within the constitutional prohibition”.

How is CAA against the Constitution?

It’s been suggested that the Citizenship (Amendment) Act (CAA) goes against Article 14 of the Constitution and that there are enough provisions in the unamended Citizenship Act to provide citizenship to persecuted minorities. … Therefore, this CAA does not relate to any Indian, even Muslims.

What are the 7 fundamental rights?

Seven fundamental rights were originally provided by the Constitution – the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies.

What are the exceptions to Article 19?

Article 19(2) – An Exception to Article 19(1): It is however pertinent to mention that, freedom of speech and expression of press is not absolute but is qualified by certain clearly defined limitations under Article 19(2) in the interests of the public.

Is Article 14 available to foreigners?

Article 14 of the Indian Constitution essentially guarantees equality before the law. … Article 14 is applicable not just to Indian citizens but also extends benefits of equality to anyone within Indian territory, even a foreigner.