Fundamental Rights Available to Citizens and Non-Citizens of India
Fundamental Rights Available to Citizens and Non-Citizens of India — Detailed Explanation
1. Introduction
The Fundamental Rights enshrined in Part III of the Indian Constitution (Articles 12 to 35) are essential rights guaranteed to protect individual freedoms against state action. However, the availability of these rights varies between Indian citizens and non-citizens (foreign nationals, refugees, etc.).
2. Fundamental Rights Available to Citizens
Indian citizens enjoy the full spectrum of Fundamental Rights, which include:
| Article(s) | Rights |
|---|---|
| Article 14 | Right to Equality (equality before law and equal protection) |
| Article 15 | Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth |
| Article 16 | Equality of opportunity in public employment |
| Article 17 | Abolition of Untouchability |
| Article 18 | Abolition of Titles |
| Article 19 | Protection of certain freedoms (speech, assembly, movement, residence, profession) |
| Article 20 | Protection in respect of conviction for offences |
| Article 21 | Protection of life and personal liberty |
| Article 22 | Protection against arrest and detention |
| Article 23 | Prohibition of traffic in human beings and forced labour |
| Article 24 | Prohibition of child labour |
| Article 25-28 | Freedom of religion |
| Article 29-30 | Cultural and educational rights |
| Article 32 | Right to constitutional remedies |
3. Fundamental Rights Available to Non-Citizens
Certain Fundamental Rights apply to all persons including non-citizens, while others are restricted to citizens. Key rights available to non-citizens are:
| Article(s) | Rights |
|---|---|
| Article 14 | Right to Equality (applies to "any person") |
| Article 15 | Prohibition of discrimination (limited application) |
| Article 19(1)(a) & (b) | Freedom of speech and expression, and assembly (some restrictions for non-citizens) |
| Article 20 | Protection in respect of conviction for offences |
| Article 21 | Protection of life and personal liberty |
| Article 22 | Protection against illegal detention and arrest |
| Article 23 | Prohibition of trafficking and forced labour |
| Article 24 | Prohibition of child labour |
| Article 25 | Freedom of religion |
Important to note:
Articles such as Article 16 (equality in public employment), 29-30 (cultural and educational rights), and 19(1)(c) to (g) (freedom of movement, residence, profession) are reserved for citizens.
Some rights apply universally to “any person,” not just citizens.
4. Key Articles and Their Applicability
| Article | Who it Applies To | Explanation |
|---|---|---|
| Article 14 | Any person | Equality before the law applies to everyone, including non-citizens. |
| Article 15 | Generally to citizens only | Prevents discrimination by the State against citizens; limited protection to non-citizens. |
| Article 19 | Only citizens | Provides freedoms like speech, assembly, movement, but some parts are restricted for non-citizens. |
| Article 21 | Any person | Guarantees protection of life and personal liberty universally. |
| Article 22 | Any person | Protection against illegal detention applies to all persons. |
| Articles 23 & 24 | Any person | Prohibitions against trafficking and child labour apply universally. |
| Article 25 | Any person | Freedom of religion applies to all, including non-citizens. |
5. Landmark Case Law
🏛️ Maneka Gandhi v. Union of India (1978)
Expanded the scope of Article 21 (Right to Life and Personal Liberty).
Held that fundamental rights cannot be denied arbitrarily, even to non-citizens.
Reinforced that the procedure established by law must be just, fair, and reasonable.
🏛️ Kharak Singh v. State of UP (1963)
Recognized Article 21 protections for all persons, including non-citizens.
Held that protection from illegal surveillance applies to non-citizens as well.
🏛️ National Human Rights Commission v. State of Arunachal Pradesh (1996)
Held that non-citizens are entitled to protection against custodial violence under Article 21.
🏛️ Air India v. Nergesh Meerza (1981)
Highlighted the difference in applicability of Article 15 and Article 16 to non-citizens.
Employment-related rights are available only to citizens.
🏛️ Golak Nath v. State of Punjab (1967)
Although primarily about the amendment of Fundamental Rights, it stressed the sanctity of Fundamental Rights for all.
6. Summary of Rights for Non-Citizens
| Right | Available to Non-Citizens? |
|---|---|
| Equality before law (Art 14) | Yes |
| Protection from discrimination (Art 15) | Limited; primarily citizens |
| Freedom of speech (Art 19) | Partial (some freedoms only for citizens) |
| Protection of life and liberty (Art 21) | Yes |
| Protection against arrest and detention (Art 22) | Yes |
| Employment under government (Art 16) | No |
| Cultural and educational rights (Art 29-30) | No |
| Freedom of religion (Art 25) | Yes |
| Prohibition of trafficking/forced labor (Art 23, 24) | Yes |
7. Conclusion
Citizens of India enjoy the full range of Fundamental Rights guaranteed by the Constitution.
Non-citizens are protected by many of the same rights, especially those safeguarding life, liberty, and equality before law.
The Constitution’s language clearly distinguishes between rights available to “persons” (universal) and “citizens” (specific).
Judicial pronouncements have reinforced this distinction while upholding the basic human dignity and constitutional protections for all persons within India, regardless of citizenship.
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