There are Rights. There are Fundamental Rights. There are Fundamental Rights available only to the ‘citizens of India’. Know them.
The Fundamental Rights (FR) are named so because they are guaranteed and protected by the Indian Constitution (Article 12 to 35).
These rights are ‘fundamental’ for the all-round development of individuals.
Fundamental Rights limits the power of the State
Fundamental Rights uphold the dignity of the individual. Fundamental Rights protects the freedom of the people against the invasion by the state.
If any of your Fundamental Rights are violated, you can directly approach the Supreme Court of India. Thus, these rights limit the tyranny of the executive (government) or abuse of power by the legislature.
Fundamental Rights: Citizen vs Non-Citizen
India was a signatory to the Universal Declaration of Human Rights, therefore great precaution was taken so that Fundamental Rights mentioned in Part 3 of Indian Constitution is concurrent with the provisions of the UN Declaration of Human Rights.
While most Fundamental Rights are available for citizens and foreigners alike (Eg: Article 21), certain rights are exclusive only for Indian Citizens (Eg: Article 19).
Also read: Foreigners Tribunal
Fundamental rights available to both citizens and foreigners except enemy aliens
- Article 14 – Equality before the law and equal protection of laws.
- Article 20 – Protection in respect of conviction for offences.
- Article 21 – Protection of life and personal liberty.
- Article 21A – Right to elementary education.
- Article 22 – Protection against arrest and detention in certain cases.
- Article 23 – Prohibition of traffic in human beings and forced labour.
- Article 24 – Prohibition of employment of children in factories etc.
- 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 attending religious instruction or worship in certain educational institutions.
Also read: Personal Laws in India
Fundamental Rights Available Only to Citizens of India
- Article 15 – Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
- Article 16 – Equality of opportunity in matters of public employment.
- Article 19 – Protection of six rights related to freedom – (a) of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (f) to practice any profession, or to carry on any occupation, trade or business.
- Article 29 – Protection of language, script and culture of minorities.
- Article 30 – Right of minorities to establish and administer educational institutions.
You should be an Indian Citizen to…
- vote in Elections.
- contest in Elections (connected with Article 16)
- hold any constitutional posts of the country, like The President, Vice-President, Governor, ministers, judges etc. (connected with Article 16)
- get any benefits from the government given only to the citizens of India.
Regarding Citizenship of India
The conditions for Indian Citizenship at the commencement of the Indian Constitution is provided directly in the Constitution of India itself – Article 5 to 11.
The Citizenship Act of 1955 provides for the acquisition or loss of citizenship after the commencement of the Indian Constitution (ie after 26th January 1950.
The Citizenship Act has been amended multiple times, the latest amendment being the controversial Citizenship Amendment Act 2019.
Conclusion
Rights are the social claims without which, a man cannot give his best to the society.
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.
Article 14 says that all persons are equal before law and have equal protection of law. It is available not only for citizens but for any person. So I think that the Citizenship Amendment Act, 2019 will not pass the test of constitutionality before the Supreme Court as it has a discriminating clause.
But i think as u mentioned ‘discrimination’ and that comes under article 15 which is applicable only to citizens, it would not be the case
Article 14 also allows positive discrimination in certain cases. For example: Granting reservation to the SC, ST, and OBC and allowed to do certain provision related to women and child for there upliftment and welfare. As CAA 2019 is for granting citizenship and not to deprive anyone can be viewed from positive discrimination point of view. Though it is based on religion, in my opinion not violating secularism since,
1. Secularism also argued to protect minorities
2. Act is not affects Indian Muslim’s citizens, [even not prohibited foreign Muslims from aquiring Indian citizenship which is still in CAA 1955]( CAA 2019 only gaves special treatment to religious minorities which are from Muslim majority countries which is again case of positive discrimination.)
3. Also secularism is concept applied for indside govt affairs and not which coming from outside.
So in my opinion, Act may stand valid after judicial scrutiny on secularism or right to equality ground.
Well said..
CAA 2019 will pass constitutionality test…
To: Arya
Are you terming the Muslims currently residing in India as “religious minorities which are from Muslim majority countries”?
It is clearly evident that the act has a omitted Muslims, to be a part of the existing secular India. The Indian law is not meant to be created based on a ‘rudimentary statement’ made by one person over 60+ years ago.
Rest is your up to you to decide if your conscience still allows this kind of change. If it does, you may need to double check on whether you have any humanitarian values left in you or not.
Also, On a side note, if the constitution is being amended based on such a ‘rudimentary statement’ now, then another ruling party (10-20 years down the road) may/would also get the freedom to amend it in a manner which might not be favorable to you. In order to maintain peace in the nation, constitution should not be disturbed and the focus should be directed towards the development of the nation as is.
Jai Hind!
Name se “AK” htakar “Aslam Khan” likho bhai.
Dude you are putting words in his mouth.
Article 14 is all about equality before law and equal protection of law..
equal protection of law means two person in two different circumstances can be treated differently under the same law..CAA completely comply with this..
One can not say CAA invalid on the basis of article 14
Arya, you are absolutely Right…
To: Ak
“Religious minorities from Muslim majority countries” refers to the persecuted minorities (eg: hindu) in Muslim majority countries (eg: Pakistan) in the language of rational and mentally sound citizen of India.
All the answers to your other questions lies in the comment you replied to.
Cheers.
What about art 17and art 18
To shed light on some of your (mis)understanding Ak, Constitution has not been amended in this process, 60+ age argument is very vague, and you have no right to question other person’s consciousness.
You cannot implement your own policy by changing the principles of constitution. Our constitution is based on the values of human rights and on the principles of secularism. You cannot give citizenship to anyone on the basis of religion. Its like that of Jaziya tax which was imposed on the basis of religion. You can give citizenship on the basis of human rights if he/she has been really persecuted, but irrespective of their religion. Our constitution is the safeguard of human rights not religion. It was made to protect the fundamental rights of every citizens. So we have a right to speak and protest against any policy that destroys the fundamental values and principles of our constitution.
What about Article 17 & Article 18? Are they applicable only to citizens or foreigners also?
article 17 is available to everyone
article 18(2) to citizens only
I didn’t find any equality before the law because police and politicians also seeing the discrimination in our country .
sir what about art 17 and 18
Very informative article…thank you it helps me alot☺
What about article 17 & 18? Any one can explain over here why article 17 & 18 not in the list.