Question: Do Fundamental Rights Apply To Foreigners?

Does Indian Constitution apply to non citizens?

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..

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.

Does NRC violate Article 14?

Union of India , where the Court held that legislations could be struck down on the ground that they were manifestly arbitrary. … With the legal position on the doctrine now settled, it is submitted that the NRC violates Article 14 of the Constitution on the ground that the exercise is manifestly arbitrary.

Why Citizenship Amendment Bill is unconstitutional?

The court observed that the fundamental right to life and liberty guaranteed by Article 21 of the constitution is also available to Chakmas, though they were not Indian citizens. In light of that, the CAB is unconstitutional as it violates both Articles 14 and 21 of the constitution.

Can Article 32 be suspended?

Rights under Article 32 cannot be suspended except under procedure established by article 359.

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”.

Which fundamental rights are not available to foreigners?

Hemant SinghS.N.Fundamental rights available to citizens not to foreigners1.Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (article 15).2.Equality of opportunity in matters of public employment (article 16).9 more rows•Sep 19, 2016

Do First Amendment rights apply to foreigners?

Although the First Amendment to the U.S. Constitution makes no distinction between citizens and noncitizens, Supreme Court precedents interpreting the amendment do not always treat these groups the same.

Is Article 14 applicable for 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. It does not differentiate on the ground of religion in this aspect.

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.

Does the US Constitution apply to foreigners?

The brief answer is “Yes.” When it comes to key constitutional provisions like due process and equal treatment under the law, the U.S. Constitution applies to all persons – which includes both documented and undocumented immigrants – and not just U.S. citizens.

Is Article 32 available to foreigners?

Long Answer: Article 32 of the Indian Constitution confers ‘mandatory power’ on the Honorable Supreme Court of India to issue writs in case of violation of the Fundamental Rights (FRs). … by law or constitution). And some of the FRs are available for both citizens and foreigners (or non- citizens) and not enemy aliens.