Fundamental Rights Available to Citizens and Non-Citizens of India

The Constitution of India, which came into effect on January 26, 1950, is a comprehensive legal framework designed to ensure justice, equality, and liberty for all individuals. Central to this are the Fundamental Rights, enshrined in Part III of the Constitution (Articles 12 to 35). These rights act as safeguards for the personal liberties of individuals, ensuring protection from any arbitrary state action.

While these Fundamental Rights are guaranteed to all persons within the territory of India, certain rights are exclusively available to Indian citizens. The distinction between rights available to citizens and non-citizens (including foreigners) is essential to understand, especially when it comes to participation in the democratic processes, cultural autonomy, and public employment.

Overview of Fundamental Rights

Fundamental Rights are considered essential for the all-round development of individuals, and they uphold the dignity of every person. These rights restrict the powers of the State and prevent any unwarranted encroachment on personal freedoms. The Constitution recognises six broad categories of Fundamental Rights:

1. Right to Equality (Articles 14–18)
2. Right to Freedom (Articles 19–22)
3. Right against Exploitation (Articles 23–24)
4. Right to Freedom of Religion (Articles 25–28)
5. Cultural and Educational Rights (Articles 29–30)
6. Right to Constitutional Remedies (Article 32)

While some of these rights are universally available to both citizens and non-citizens, others are reserved only for Indian citizens. The intent behind the differential treatment is to safeguard national interests and ensure that only those who are part of the national framework can claim specific privileges such as electoral rights, public employment, and the protection of cultural identities.

Fundamental Rights Available to Both Citizens and Non-Citizens

The following rights are available to all persons in India, regardless of their citizenship status. This includes citizens, foreigners, and even stateless persons, with the exception of enemy aliens (persons from nations at war with India).

Equality Before Law and Equal Protection of Laws (Article 14)

Article 14 ensures that the State shall not deny to any person equality before the law or the equal protection of the laws. This provision guarantees that no person shall be treated arbitrarily or unequally by the State. It applies to both citizens and non-citizens, thus ensuring non-discriminatory treatment for all persons within the territory of India.

Protection in Respect of Conviction for Offences (Article 20)

Article 20 provides protection against ex-post facto laws (laws that punish acts retrospectively), double jeopardy (being tried twice for the same offence), and self-incrimination. These protections are available to all individuals in India, including non-citizens, ensuring that no one is unfairly punished or compelled to testify against themselves.

Protection of Life and Personal Liberty (Article 21)

Article 21 is one of the most significant rights under the Indian Constitution. It ensures that no person shall be deprived of their life or personal liberty except according to the procedure established by law. The Supreme Court has expanded this right to include the right to privacy, the right to a livelihood, the right to health, and many other derivative rights. This right applies to all persons, including non-citizens, highlighting the universal nature of this fundamental right.

Right to Elementary Education (Article 21A)

Article 21A, inserted by the 86th Amendment Act of 2002, guarantees free and compulsory education for all children between the ages of six and fourteen years. This provision is aimed at ensuring that every child, regardless of their nationality, has access to basic education in India.

Protection Against Arrest and Detention (Article 22)

Article 22 provides safeguards against arbitrary arrest and detention. It ensures that individuals who are arrested must be informed of the reasons for their arrest and must be brought before a magistrate within 24 hours. These rights are available to all individuals, including non-citizens, except under specific circumstances, such as in cases of preventive detention.

Prohibition of Trafficking and Forced Labour (Article 23)

Article 23 prohibits the trafficking of human beings, forced labour, and any other similar forms of forced labour. This right is available to all persons in India, ensuring that even non-citizens are protected from exploitation and trafficking.

Prohibition of Employment of Children in Hazardous Occupations (Article 24)

Article 24 prohibits the employment of children below the age of 14 years in factories, mines, or any other hazardous activities. This provision applies universally to all children, irrespective of their nationality, ensuring their protection from child labour.

Freedom of Conscience and Religion (Article 25–28)

The right to freedom of conscience and the right to profess, practice, and propagate religion are guaranteed by Articles 25 to 28. These provisions are available to all persons, including non-citizens, within the territory of India. Article 25, for instance, ensures that every person, irrespective of their citizenship status, has the freedom to follow their religion without interference from the State. However, the practice of religion is subject to public order, morality, and health.

Fundamental Rights Available Only to Citizens of India

While many Fundamental Rights are available to all persons, certain rights are exclusive to Indian citizens. These rights ensure that citizens, as the political and cultural members of the Indian nation, are afforded special privileges and protections that are essential to maintaining the democratic structure of the country.

Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex, or Place of Birth (Article 15)

Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. However, this provision applies only to Indian citizens. Non-citizens may be subject to discrimination under certain circumstances, though this is rare and generally governed by international treaties or laws.

Equality of Opportunity in Public Employment (Article 16)

Article 16 ensures equality of opportunity for all citizens in matters of public employment. It prohibits discrimination on the basis of religion, race, caste, sex, or place of birth in the recruitment and employment of individuals by the State. This right is reserved exclusively for Indian citizens, meaning that non-citizens cannot claim such opportunities in government jobs.

Freedom of Speech and Expression (Article 19)

Article 19 guarantees six freedoms to Indian citizens:

• Freedom of speech and expression
• Freedom to assemble peacefully and without arms
• Freedom to form associations or unions
• Freedom to move freely throughout the territory of India
• Freedom to reside and settle in any part of the territory of India
• Freedom to practise any profession, or to carry on any occupation, trade, or business

These rights are exclusive to Indian citizens. Non-citizens do not have the unrestricted freedom to express themselves or to settle in any part of India, and they may be subject to certain limitations based on their status as foreigners.

Protection of Interests of Minorities (Articles 29 and 30)

Articles 29 and 30 are aimed at protecting the cultural and educational rights of minorities. Article 29 ensures that no citizen shall be denied the right to conserve their distinct language, script, or culture. Article 30 gives religious and linguistic minorities the right to establish and administer educational institutions of their choice. These rights are exclusively available to Indian citizens.

The Role of Citizenship

Citizenship in India is crucial in determining the specific Fundamental Rights that an individual can claim. Indian citizenship grants individuals the right to vote, contest elections, hold constitutional posts, and access specific government benefits.

The Citizenship Act, 1955 governs the acquisition and loss of Indian citizenship. It outlines the procedures for individuals to acquire Indian nationality through birth, descent, registration, or naturalisation. The Citizenship (Amendment) Act, 2019 has introduced significant changes, particularly related to the citizenship status of religious minorities from Afghanistan, Bangladesh, and Pakistan.

Conclusion

The distinction between the Fundamental Rights available to citizens and non-citizens in India reflects the dual purpose of ensuring basic human dignity for everyone within its borders while also protecting the rights of citizens to actively participate in the political and social life of the country.

While most of the rights in the Constitution are extended to all persons, certain rights—particularly those related to public employment, political participation, and the protection of cultural identity—are reserved for Indian citizens.