Quick answer
No. Some Fundamental Rights in Part III of the Constitution belong to every "person", including foreigners, while others belong only to "citizens". Article 14 (equality before the law and equal protection of the laws) and Article 21 (life and personal liberty) protect every person, so a foreigner in India can enforce them. The freedoms in Article 19, such as speech, movement and residence, are expressly given to citizens only. Always check who holds a particular right before applying it.
The law: read the wording of each Article
| Available to every person (citizens and foreigners) | Available only to citizens |
|---|---|
| Article 14: "The State shall not deny to any person equality before the law or the equal protection of the laws" | Article 15: no discrimination against any citizen on grounds only of religion, race, caste, sex or place of birth |
| Article 20: protection in respect of conviction for offences | Article 16: equality of opportunity in public employment |
| Article 21: no person shall be deprived of life or personal liberty except according to procedure established by law | Article 19(1): "All citizens shall have the right" to the six freedoms, including speech and expression |
| Article 22: protection against arrest and detention in certain cases | Article 29: protection of the interests of minorities (any section of the citizens) |
| Article 25: "all persons" are equally entitled to freedom of conscience and religion |
Human rights belong to human beings generally. Fundamental Rights are the subset of rights that the Constitution makes legally enforceable, and the text of each Article fixes who may claim it.
Leading cases
Chairman, Railway Board v. Chandrima Das, Supreme Court of India, 28 January 2000 ((2000) 2 SCC 465), R.P. Sethi and S. Saghir Ahmad, JJ. A Bangladeshi national, Hanuffa Khatoon, was gang-raped at the Rail Yatri Niwas, a building belonging to the Railways, after she arrived at Howrah Railway Station, by several men including railway employees, and the Calcutta High Court awarded her Rs. 10 lakh as compensation. The Railways argued that a foreigner could not claim Fundamental Rights. The Supreme Court rejected this: Article 21 is available not only to every citizen but also to a "person" who is not a citizen, and her Article 21 right had been violated. The Court also noted that Article 14 and Articles 20, 21 and 22 apply to non-citizens, while Articles 15, 16 and 19 are limited to citizens.
Louis De Raedt v. Union of India, Supreme Court of India, 24 July 1991 ((1991) 3 SCC 554). Held: the fundamental right of a foreigner is confined to Article 21 for life and liberty and does not include the right to reside and settle in India under Article 19(1)(e), which applies only to citizens. The Court said this while deciding a claim to stay in India; it does not take away the other "person" rights, as Chandrima Das shows.
Key points
- A foreigner can claim Articles 14, 21 and 22, but not the Article 19 freedoms such as moving freely or residing and settling in India.
- Article 32(1) guarantees the right to move the Supreme Court to enforce the rights conferred by Part III. Anyone who holds a right can use it, so a foreigner may file a habeas corpus petition (a writ asking the court to examine the legality of a detention) to protect Article 21.
Example
Farhan, a foreign tourist, is detained by officials without any legal authority. He cannot be told that Article 21 protects only citizens: he is a "person", so he can seek a writ of habeas corpus. Zoya, an Indian citizen, wants to speak peacefully against a government policy. Her claim rests on Article 19(1)(a), subject to the reasonable restrictions permitted by Article 19(2). Farhan could not rely on Article 19 for the same speech.
Current-law note
Article 21 does not give a foreigner a right to stay in India: in Louis De Raedt the Court treated the Central Government's power to expel foreigners as unrestricted. But any detention or removal must still follow procedure established by law, which, since Maneka Gandhi v. Union of India (1978), must be "right and just and fair and not arbitrary, fanciful or oppressive". See Maneka Gandhi v. Union of India.
Exam point
Articles 14, 20, 21, 22 and 25 protect every "person", including foreigners; Articles 15, 16, 19 and 29 protect only citizens (Chandrima Das, 2000). A foreigner has no right to reside and settle in India under Article 19(1)(e) (Louis De Raedt, 1991).
