The Fundamental Rights in the Indian Constitution are not solely limited to citizens some of them are available to both citizens and foreigners. Here are the Fundamental Rights that are applicable to both citizens and non-citizens (including foreigners)
- Right to Equality (Article 14)
- This right guarantees equality before the law and equal protection of the laws to all persons, whether they are citizens or foreigners. It prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
- Right to Life and Personal Liberty (Article 21)
- Article 21 guarantees the right to life and personal liberty to all persons, regardless of their citizenship status. It ensures that no person, citizen, or foreigner can be deprived of their life or personal liberty except by the procedure established by law.
- Protection against Arrest and Detention (Article 22)
- Article 22 provides certain safeguards against arrest and detention to all persons, including foreigners. It includes the right to be informed of the grounds of arrest, the right to consult and be defended by a legal practitioner, and the right to be produced before a magistrate within 24 hours of arrest.
- Freedom of Religion (Articles 25-28)
- Articles 25 to 28 guarantee the freedom of religion to all persons, irrespective of their citizenship. These rights include the freedom to profess, practice, and propagate religion, as well as the right to manage religious affairs and the right to attend religious instruction or worship.
- Protection of Minorities (Article 29)
- Article 29 protects the cultural and educational rights of both citizens and minorities, including foreigners. It ensures that any section of citizens having a distinct language, script, or culture has the right to conserve the same.
- Right to Education (Article 30)
- Article 30 provides the right to establish and administer educational institutions to minorities, whether based on religion or language. This right is available to both minority citizens and foreigners.
- Right to Constitutional Remedies (Article 32)
- Article 32, which grants the right to move the Supreme Court for the enforcement of Fundamental Rights, is available to all persons, including foreigners. It is a crucial constitutional remedy that ensures access to justice for everyone.
It’s important to note that while these rights are available to both citizens and foreigners, there may be certain limitations or restrictions on the exercise of these rights for non-citizens in specific situations, such as national security concerns or public interest. Additionally, political rights, like the right to vote or participate in elections, are generally reserved for Indian citizens.
