Quick Answer: Which Fundamental Rights Are Not Available To Foreigners?

What is the Article 18?

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance..

Which article is amended for CAA?

Another reason behind its criticism is that it violates the provisions of article 14 of the Indian Constitution. So these were some provisions of the Citizenship Amendment Act, 2019 which gives Indian citizenship to illegal migrants of 3 countries.

Which fundamental rights are only for citizens?

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 19 available to foreigners?

However, the court made a very important distinction between the fundamental rights available to the Indian citizens and to the foreigners. The Supreme Court held that Article 19 (1) (d) and (e) are unavailable to foreigner nationals because these rights are conferred only on the citizens.

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”.

Is Article 32 available to foreigners?

Therefore, to summarize, a foreign juristic person can file a petition under Articles 226 and 32 to enforce the fundamental rights which are available to all citizens. However, the same cannot be used to invoke the rights that are denied to it under Article 19.

What are the exceptions to Article 19?

v. Union of India. 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.

Are fundamental duties applicable 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 nonjusticiable.

Is Article 21 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.

What is Article 51 A?

51A. Fundamental duties.—It shall be the duty of every citizen of India—

What are the 11 fundamental duties?

Introduction to 11 Fundamental Duties in IndiaS.No11 Fundamental Duties2.Cherish and follow the noble ideals that inspired the national struggle for freedom3.Uphold and protect the sovereignty, unity and integrity of India4.Defend the country and render national service when called upon to do so8 more rows

Can a foreigner file a criminal case in India?

In India, the locus standi of suits filed by foreigner and foreign state is governed by section 83 and 84 of the code of civil procedure. … A foreigner can sue an Indian in India before a competent court. A foreign company can sue an Indian company in India before a competent court. An alien enemy can defend a suit.

What does Article 18 say?

(1) No title, not being a military or academic distinction, shall be conferred by the State. (2) No citizen of India shall accept any title from any foreign State.

What is Article 51a of Indian Constitution?

51A(g) of the Constitution of India. It mandates every citizen to protect forests, lakes, rivers, wild animals etc. Apart from that, Constitution also reminds us to show compassion towards birds and animals. A country that protects and preserves environment, birds and animals alone will have wholesome development.

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.

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.

Can Article 14 be amended?

The Supreme Court believes that the rule of law written under Article 14 is the fundamental element of the Constitution. Therefore it cannot be abolished in any way even by amending the Constitution.

Are there some exceptions to the right to equality?

Exceptions to the right to equality are: According to the right to equality, the state should make special provisions for women and children, people of scheduled castes and tribes. According to the right to equality, the state cannot discriminate against any citizen in the matter of employment.