Fundamental rights
Querist :
Anonymous
(Querist) 10 March 2010
This query is : Resolved
Are the benefits of fundamental rights as enshrined in Part III of the Constitution, available to a non-citizen and a citizen of India like?
Neelamkumar
Sanjeev Panda
(Expert) 10 March 2010
Some of the FR are available to citizen alone like those mentioned under Article 19 which deals with six fundamental freedoms, like freedom of speech and expression. See the opening words of Article 19, "(1) All citizens shall have the right"
However some FR mentioned under Part III of the constitution like Article 14 i.e. right to equality "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India" and Article 21 i.e. "No person shall be deprived of his life or personal liberty except according to procedure established by law". The aforesaid FR guaranteed under Ar. 14 & 21 are available to everyone including non citizens as the words used is "person" which includes non citizen.
Raj Kumar Makkad
(Expert) 10 March 2010
Even though theoretically I am with panda but the word used in Part III of he constitution "person" is practically used for Indian Citizen only as per my views so it can safely be presumed that part III is applicable only for the citizen of India.
Sanjeev Panda
(Expert) 10 March 2010
I beg to differ from Makkad Sir here. The Article 21 enshrined in Part III of the Constitution of India which provides that "No person shall be deprived of his life or personal liberty except according to procedure established by law" is so fundamental that it is applicable to citizen or non citizen alike. Thus, in India even a foreign terrorist, if he commits a heinuous crime in India is given a chance to properly defend himself and represent himself through a lawyer which is in consonance with the principles mentioned under Article 21 which cannot be taken away. So some articles mentioned under Part III are applicable to citizen or non citizen alike
Guest
(Expert) 10 March 2010
Constitution of India In summary, juridical persons enjoy all constitutional rights which in their nature may be reasonably so applied. As for natural persons, certain rights are enjoyed by all persons subject to Indian jurisdiction, whether citizens or not. (Arts. 14, 18, 20-25, 27, 28, and 32.) Other rights are enjoyed only by Indian citizens, see, e.g., (Arts. 15, 16, 19. )
Thanks
