Fundamental Rights of Foreigners in India

Foreigners in India enjoy several Fundamental Rights because many constitutional guarantees protect every person, not only Indian citizens. The key distinction is between provisions applying to all persons and those expressly or, in standard constitutional interpretation, reserved for citizens.

Equality, life and personal liberty

• Article 14 guarantees equality before the law and equal protection of the laws to every person within India.
• Article 20 protects persons accused of offences against retrospective criminal punishment, double jeopardy and compelled self-incrimination.
• Article 21 protects life and personal liberty: no person may be deprived of either except according to procedure established by law, which must be fair, just and reasonable.
• Article 21A guarantees free and compulsory education to all children aged 6-14 years, in the manner determined by law; its text does not impose a citizenship condition.

Protection against exploitation and religious freedom

• Article 17 abolishes untouchability and forbids its practice in any form, without making citizenship a condition of protection.
• Articles 23 and 24 prohibit trafficking, begar and similar forced labour, and prohibit employment of children below 14 in factories, mines or other hazardous employment.
• Articles 25-28 protect religious freedom without a citizenship restriction. They cover freedom of conscience and religious practice, denominational religious affairs, protection against taxes specifically appropriated to promote a particular religion, and safeguards concerning religious instruction or worship in specified educational institutions.
• Religious freedom is not absolute: Article 25 is subject to public order, morality, health and the other provisions of Part III.

Safeguards, remedies and qualifications

• Article 22 provides safeguards against arrest and detention, but its ordinary safeguards under clauses (1) and (2) do not apply to enemy aliens or persons detained under preventive-detention laws.
• Article 32 enables foreigners to approach the Supreme Court to enforce Fundamental Rights available to them.
• Article 18 prohibits the State from conferring titles other than military or academic distinctions. A foreigner holding an office of profit or trust under the State cannot accept a foreign State's title without the President's consent.

Rights that foreigners cannot claim as citizens

Foreigners do not enjoy every Fundamental Right available to Indian citizens.

• Articles 15 and 16 provide citizen-specific guarantees against specified discrimination and for equality of opportunity in public employment.
• Article 19 freedoms are reserved for citizens, including the freedoms to move freely throughout India and to reside and settle anywhere in India.
• Articles 29 and 30 provide citizen-specific cultural and educational protections, including minority educational rights.