Question: Does Article 14 Apply To Foreigners?

What is the Article 17?

Article 17.

Abolition of Untouchability.

-“Untouchability” is abolished and its practice in any form is forbidden.

The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law..

Who is a foreigner in India?

The Act defines a foreigner as ”a person who is not a citizen of India”. Section 9 of the Act states that, where the nationality of a person is not evident as per preceding section 8, the onus of proving whether a person is a foreigner or not, shall lie upon such person.

Does Indian Constitution apply to foreigners?

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.

What does Article 12 say?

According to Article 12 of the Constitution of India, 1950, the term „State‟ includes the following: (a) the Central Government and the State Governments; (b) the Parliament of India and the State Legislatures; (c) all local authorities; and (d) other authorities within the territory of India, or under the control of …

Is Article 32 available for foreigners?

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.

What is Article 21 of the Constitution?

The Supreme Court held that Right to Privacy is a fundamental right under Article 21. Article 21 is protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law. … The right is available to every person, citizen or alien.

Which fundamental right is not for 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

How is CAA against the Constitution?

It’s been suggested that the Citizenship (Amendment) Act (CAA) goes against Article 14 of the Constitution and that there are enough provisions in the unamended Citizenship Act to provide citizenship to persecuted minorities. … Therefore, this CAA does not relate to any Indian, even Muslims.

Is Article 15 applicable to foreigners?

Fundamental Rights available to only citizens and not foreigners. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15). Equality of opportunity in matters of public employment (Article 16).

What does Article 14 say?

1.1 Article 14 of the Constitution of India reads as under: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

Why is CAA wrong?

CAA violates Constitutional secular principles and is a violation of Articles 13, 14, 15, 16 and 21 which guarantee the right to equality, equality before the law and non-discriminatory treatment by the Indian State. CAA is about illegal migrants.

What does Article 18 say?

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Is Article 14 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.

Which article is applicable to non citizens only?

Equality before the law or equal protection of the laws within the territory of India (Article 14 ) and protection of life or personal liberty (Article 21) are applicable to non-citizens as well.

Which article is amended for CAA?

The Act has amended the Citizenship Act, 1955 to give eligibility for Indian citizenship to illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, and who entered India on or before 31 December 2014.

Is Article 18 available to foreigners?

Takeaway: [i]Article 18 is applicable even on foreigners. [ii] Article 18 prohibits only hereditary titles of nobility.

Who is NRC?

The National Register of Citizens (NRC) is a register of all Indian citizens whose creation is mandated by the 2003 amendment of the Citizenship Act, 1955. Its purpose is to document all the legal citizens of India so that the illegal migrants can be identified and deported.

What is CAA English?

The Citizenship (Amendment) Act, 2019 (CAA) is an act that was passed in the Parliament on December 11, 2019. … However, the Act excludes Muslims.