Fundamental Rights of Foreigners | 16 Mar 2022
Why in News?
The Union government has urged the Supreme Court to help lay down a law with a “long–lasting” implication for the country on the subject of Foreigners’ Right to approach local courts for relief after violating their visa conditions.
- The Government asked the scope of Foreigners right to approach the local court, when Article 19 is not applicable to them.
- Article 19 of the Constitution, which deals with right to free speech and expression, and also holding of meetings peaceably, is restricted to citizens unlike in the case of Article 21, which mandates that “no person shall be deprived of his life or personal liberty except according to procedure established by law” and is applicable to citizens and non-citizens alike.
| What are the Fundamental Rights Available to Foreigners? | |
| Fundamental rights available only to citizens and not to foreigners | Fundamental rights available to both citizens & foreigners (except enemy aliens) |
| Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. | Article 14: Equality before law and equal protection of laws. |
| Article 16: Equality of opportunity in matters of public employment. | Article 20: Protection in respect of conviction for offences. |
| Article 19: Protection of six rights regarding freedom of (speech and expression, (ii) assembly (iii) association, (iv) movement (v) residence and profession. | Article 21: Protection of life and personal liberty. |
| Article 29: Protection of language, script and culture of minorities. | Article 21A: Right to elementary education. |
| Article 30: Right of minorities to establish and administer educational institutions. | Article 22: Protection against arrest and detention in certain cases. |
| Article 23: Prohibition of traffic and human beings and forced labour. | |
| Article 24: Prohibition of employment of children in factories etc. | |
| Article 25: Freedom of conscience and free profession, practice and propagation of religion. | |
| Article 26: Freedom to manage religious affairs. | |
| Article 27: Freedom from payment of taxes for promotion of any religion. | |
| Article 28: Freedom from attending religious instruction or worship in certain educational institutions. | |
PYQs
1. Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination? (2020)
(a) Right against Exploitation
(b) Right to Freedom
(c) Right to Constitutional Remedies
(d) Right to Equality
Ans: (d)
2. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement? (2018)
(a) Article 14 and the provisions under the 42nd Amendment to the Constitution.
(b) Article 17 and the Directive Principles of State Policy in Part IV.
(c) Article 21 and the freedoms guaranteed in Part III.
(d) Article 24 and the provisions under the 44th Amendment to the Constitution.
Ans: (c)
3. Which of the following are envisaged by the Right against Exploitation in the Constitution of India? (2017)
1. Prohibition of traffic in human beings and forced labour
2. Abolition of untouchability
3. Protection of the interests of minorities
4. Prohibition of employment of children in factories and mines
Select the correct answer using the code given below:
(a) 1, 2 and 4 only
(b) 2, 3 and 4 only
(c) 1 and 4 only
(d) 1, 2, 3 and 4
Ans: (c)
4. What is the position of the Right to Property in India?
(a) Legal right available to citizens only
(b) Legal right available to any person
(c) Fundamental Right available to citizens only
(d) Neither Fundamental Right nor legal right
Ans: (b)