Fundamental rights of foreigners in India are some basic human rights that have been safeguarded in multiple articles of the Indian constitution. The Union government of India has appealed to the Supreme Court to establish a law with long-lasting consequences for the nation regarding the ability of foreigners to seek relief from local courts after breaching their visa conditions.
Table of Content
In this article, we will discuss the list of all the fundamental rights available to foreigners in India, the relevant articles in the Indian constitution, and their loopholes.
Indian Constitution and Foreigners’ Rights
The Constitution of India guarantees the rights of foreigners without prejudice against any individual. These are meant to spread the concept of political democracy. They defend the people’s freedoms and liberties against state authority’s encroachment.
Here’s a brief overview of the articles in the Indian constitution that safeguard foreigners’ rights and freedom tabulated below:
| Article Number | Description |
|---|---|
|
Foreigners’ Rights in Indian Constitution |
|
| Article 14 | Legal equality and equal protection under the law. |
| Article 20 | Protection in respect of conviction for offenses. |
| Article 21 | Protection of life and liberty. |
| Article 21(A) | Right to primary education. |
| Article 22 | Protection against arrest and imprisonment in certain circumstances. |
| Article 23 | Prohibition of human trafficking and forced labor. |
| Article 24 | Prohibition of child labor in factories. |
| 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 religious instruction or worship in certain educational institutions. |
Legal Rights of Foreigners in India
- Since India was a signatory the Universal Declaration of Human Rights, adopted by the UN General Assembly on December 10, 1948, was the result of the events of World War II. Therefore, a detailed endeavor was undertaken by the constituent assembly of India to harmonize the fundamental rights enumerated in Part 3 of the Indian Constitution with the principles delineated in the UN Declaration of Human Rights. Thus, fundamental rights are the basic human rights open to both citizens and foreigners.
- Certain rights, such as Article 15, Article 16, Article 19, Article 29, and Article 30, are solely available to Indian nationals as fundamental rights
- .The majority of sovereign nations adhere to natural justice principles and grant basic human rights to foreign nationals.
- India, for its part, not only ratified the Universal Declaration of Human Rights but also greatly contributed to its content.
- The Universal Declaration of Human Rights is made up of 30 articles, many of which are comparable to rights established in the Indian constitution.
- The founders of the Constitution were concerned not to deny any basic right to non-citizens that would be damaging to their existence or deprive them of liberty and equality.
- It is vital to understand the distinction between the rights of citizens and those of foreign nationals to assess whether these rights have been violated.
Also Read: Sources of Indian Constitution
Loopholes in the Legal Rights of Foreigners
The Registration of Foreigners Act of 1939 and the Foreigners Act of 1946 control foreigners’ admission, stay, and exit from India. The bulk of these laws are antiquated and do not stand up to the test of natural justice principles. These laws provide the central government unrestricted and arbitrary powers to uphold fundamental rights for foreigners.
- Section 3 of the Foreigners Act of 1946 grants the authority to “make instructions.”
- Section 3, subsection 2, clause (e) of the Foreigner’s Act (1946) contains a list of nine orders enacting government regulations ranging from imposing movement restrictions to prohibiting association with persons of a prescribed or specified description to requiring foreigners to reside in a specific location.
- These Acts also include provisions for house arrest, imprisonment, solitary confinement, and summary expulsion from India, all of which manifestly violate the basic rights to life and personal liberty guaranteed by Article 21 of the Constitution.
- The Passport Act of 1920 and the Foreigners Act of 1946 allow for the expulsion or deportation of a person from India. This can be done without establishing any venue or mechanism for determining the foreigner’s nationality or affording any statutory rights in this process. This is a breach of the natural justice concept.
Features of the Foreigner Rights
Some fundamental human rights are solely available to citizens, whilst others are open to all individuals, whether citizens, legal persons such as corporations or firms, or foreigners.
Here are some important features of the foreigners’ rights in India:
- Fundamental rights for foreigners in India are conditional rather than absolute.
- The foreigners can be subjected to reasonable limits imposed by the state.
- Because they are negative, some of them limit the authority of the state.
- If and when they are infringed, people can petition the courts to have them enforced.
- The fundamental rights for foreigners in India are legally enforceable.
- The Supreme Court guarantees and defends the foreigners.
Except for the rights protected by Articles 20 and 21, they can be suspended during the operation of a National Emergency. The fundamental rights for foreigners in India, in the Indian Constitution, are more detailed than those in any other country’s constitution.
Also Read: Salient Features of Indian Constitution
Conclusion- Human Rights for Foreigners
This article discussed the list of all the fundamental rights available to foreigners in India under the relevant articles in the Indian constitution, their features and loopholes.
FAQs On Foreign Nationals’ Rights in India
1. What are the fundamental rights in the Indian constitution available to foreigners?
The fundamental rights in the Indian constitution available to foreigners have been tabulated below:
Article Number Description Article 14 Legal equality and equal protection under the law. Article 20 Protection in respect of conviction for offenses. Article 21 Protection of life and liberty. Article 21(A) Right to primary education. Article 22 Protection against arrest and imprisonment in certain circumstances. Article 23 Prohibition of human trafficking and forced labor. Article 24 Prohibition of child labor in factories. 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 religious instruction or worship in certain educational institutions.
2. Is article 21 available for non-Indian citizens?
Yes, Article 21 provides the assurance of safeguarding personal liberty to both citizens and foreigners. No person shall be deprived of his personal liberty ‘except according to procedure established by law’,” decision by the five-judge Bench of the Supreme court held in 1955.
3. How many fundamental rights are available to foreigners in India?
All the Fundamental Rights guaranteed by Part III of the Indian constitution under the articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to all persons whether citizens or foreigners (except enemy aliens).
4. Can a foreign national file a writ petition (under articles 32 and 22) in India?
In cases where a foreigner has been accorded any form of right under either the Indian Constitution or any other legal provision, they have the option to submit a writ petition to the high court to ensure the realization of that right when deemed suitable.
5. Is Article 19 of the Indian constitution available to foreigners?
Article 19 of the Indian constitution is exclusively available to Indian citizens, not to foreigners. This article protects six rights regarding freedom of 1. Speech and expression, 2. Assembly, 3. Association, 4. Movement, 5. Residence and 5. Profession.