Is Article 17 Available 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..

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.”

Is Article 19 available to foreigners?

Fundamental Rights: Citizen vs Non-Citizen 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).

What is the Article 18?

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 right to religion granted 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). Six basic freedoms subject to reasonable restrictions (Article 19).

What are the 7 human rights in India?

They are Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.

What is the Article 333?

Under article 333 of the Constitution, the number of Anglo-Indians, who may be nominated to the State Legislative Assemblies, is left to the discretion of the Governor. … This amendment will not however affect representation of the Anglo-Indian community in the existing Legislative Assemblies until their dissolution.

Is Article 14 an absolute right?

Article 14 of the constitution states that: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” This means that every person, who lives within territory of India, has the equal right before the law. … The above right is not an absolute right.

What does Article 32 say?

Article 32 of the Constitution of India confers power on the Supreme Court to issue direction or order or writ, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by Part III of the …

What is the Article 25?

Article 25 says “all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality and health.” Further, Article 26 says that all denominations can manage their own affairs in matters of religion.

Which article is only for Indian?

Under the Indian constitution, certain fundamental rights are available only to the citizens, namely: Right against discrimination on the grounds of religion, race, caste, sex or place of birth (Article 15); right to equality of opportunity in matter of public employment (Article 16); freedom of speech and expression, …

Is right to constitutional remedies available to foreigners?

Answer: 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.

Is Article 14 available to foreigners?

Article 14 guarantees equality to all persons, including citizens, corporations, and foreigners. Its provisions have come up for discussion in the Supreme Court in a number of cases and the case of Ram Krishna Dalmia vs Justice S R Tendolkar reiterated its meaning and scope as follows.

Does Indian Constitution apply to non citizens?

However , except for article 15,16, 19,29 and 30, and the right to vote and constitutional posts, every right given in the part 3 of the constitution of India is available to the non- citizens, or is available to every ‘person’, irrespective of his/her nationality, and not specifically to the citizens.

What does right to constitutional remedies imply?

Right to Constitutional Remedies is a fundamental right. This right makes other rights effective. … When any of our rights is violated, we can seek remedy through courts. If it is a Fundamental Right, we can directly approach the Supreme Court or the High Court of a state.

Why is Article 18 so important?

Article 18, in both the UDHR and ICCPR formulations, affords wide-ranging protections to ‘freedom of thought, conscience, and religion’. They thus protect not only religion, but a range of other beliefs, as well as the right not to subscribe to religious beliefs at all.

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.

Can Article 32 be suspended?

Rights under Article 32 cannot be suspended except under procedure established by article 359.

Who can claim Article 19 of Constitution?

Article 19 ( 1) (g) of Constitution of India provides Right to practice any profession or to carry on any occupation, trade or business to all citizens subject to Art. 19 (6) which enumerates the nature of restriction that can be imposed by the state upon the above right of the citizens.

What is Article 32 of the Indian Constitution?

Article 32 of the Indian Constitution enshrines this provision whereby individuals may seek redressal for the violation of their fundamental rights. … constitutional weapons, known as ‘writs’, for the enforcement of such rights.

Can a foreigner file a writ petition in India?

The right of a foreign national (i.e. a natural person) to file a writ petition to enforce the fundamental rights guaranteed to him by the Constitution of India, was upheld by the apex Court in the case of Louis De Raedt vs. … Thus, a foreign corporation can file a writ petition under Art. 226 as well as Art.

Is CAA anti constitutional?

The CAA violates Article 14 of the Constitution, which guarantees equal protection of laws, even to non-citizens. On 10 January, the central government notified the Citizenship (Amendment) Act 2019, or CAA, bringing the controversial new law into force.

Who grants citizenship in India?

A person can acquire citizenship by naturalisation if he/she is ordinarily resident of India for 12 years (throughout 12 months preceding the date of application and 11 years in the aggregate) and fulfils all qualifications in the third schedule of the Citizenship Act.

Is Article 18 available to foreigners?

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

Which fundamental rights are not available to foreigners?

Prohibition of discrimination on grounds of race, religion, caste, sex or place of birth and protection of language, script and culture of minorities are not available to foreigners.

What are the exceptions to Article 19?

Article 19(2) – An Exception to Article 19(1): It is however pertinent to mention that, freedom of speech and expression of press is not absolute but is qualified by certain clearly defined limitations under Article 19(2) in the interests of the public.

What does Article 19 say?

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.