Part III of the Constitution of India (Articles 12 to 35) guarantees fundamental rights to people living in the country. But not every right is open to everyone. While some rights apply to every “person” on Indian soil, a distinct set of fundamental rights only available to Indian citizens is reserved for those who hold Indian citizenship. This article explains what these rights are, why the Constitution draws this line, and what protection foreigners can still claim in India.
Understanding Fundamental Rights Under the Indian Constitution
Fundamental rights are the basic rights guaranteed by the Constitution that the State cannot take away except in accordance with the Constitution. They are enforceable in court, and a person whose right is violated can directly approach the Supreme Court under Article 32 or a High Court under Article 226.
The Constitution uses two different expressions while conferring these rights. Some Articles say “all persons” or “any person”, while others say “citizens”. This difference in wording is the basis for separating rights available to everyone from the fundamental rights only available to Indian citizens.
Why the Constitution Distinguishes Between Citizens and Non-Citizens
The framers treated certain political, civil and cultural freedoms as privileges linked to membership of the nation. Citizens are the members of the political community, owe it allegiance, and participate in its governance. Non-citizens, on the other hand, are guaranteed a core of human-rights-style protections, such as the right to life and equality before law, but not rights that are closely tied to national membership.
How Many Fundamental Rights Are Given to Indian Citizens?
A frequently asked question is how many fundamental rights are given to Indian citizens. The Constitution originally recognised seven categories of fundamental rights. The Right to Property was removed from this list by the 44th Constitutional Amendment Act, 1978, and is now a constitutional right under Article 300A. Therefore, Indian citizens today enjoy six categories of fundamental rights:
- Right to Equality (Articles 14 to 18)
- Right to Freedom (Articles 19 to 22)
- Right against Exploitation (Articles 23 and 24)
- Right to Freedom of Religion (Articles 25 to 28)
- Cultural and Educational Rights (Articles 29 and 30)
- Right to Constitutional Remedies (Article 32)
Indian citizens can claim all of these. Within these six categories, however, only a handful of Articles are limited to citizens alone. In other words, the fundamental rights in Part 3 of Indian Constitution are available to all the Indian citizens, but some of them are exclusive to citizens, which cannot be enjoyed by foreigners in India.
List of Fundamental Rights Only Available to Indian Citizens
The fundamental rights only available to Indian citizens are found in the following Articles.Article 15: Prohibition of Discrimination
Article 15(1) bars the State from discriminating against any citizen on grounds only of religion, race, caste, sex or place of birth. Article 15(2) extends this to access to shops, public restaurants, wells, tanks and places of public resort. The protection is expressly worded for citizens, so a foreign national cannot invoke Article 15 as a fundamental right.
Article 15 also allows the State to make special provisions for women and children, for socially and educationally backward classes, Scheduled Castes and Scheduled Tribes, and for economically weaker sections.
Article 16: Equality of Opportunity in Public Employment
Article 16 guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. It prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth or residence. Public employment under the State is therefore an avenue open only to citizens, subject to the reservations and exceptions the Constitution permits.
Article 19: The Six Freedoms
Article 19(1) is the most significant provision among the fundamental rights only available to Indian citizens. It guarantees to every citizen the right:
- to freedom of speech and expression [Article 19(1)(a)];
- to assemble peaceably and without arms [Article 19(1)(b)];
- to form associations or unions or cooperative societies [Article 19(1)(c)];
- to move freely throughout the territory of India [Article 19(1)(d)];
- to reside and settle in any part of the territory of India [Article 19(1)(e)]; and
- to practise any profession, or to carry on any occupation, trade or business [Article 19(1)(g)].
The right to acquire, hold and dispose of property, once Article 19(1)(f), was deleted by the 44th Amendment in 1978.
These freedoms are not absolute. Articles 19(2) to 19(6) permit reasonable restrictions on grounds such as sovereignty and integrity of India, security of the State, public order, decency or morality, and contempt of court. Courts have also held that Article 19 is a citizen’s right and, in general, is not available to corporate entities as such.
Articles 29 and 30: Cultural and Educational Rights
Article 29(1) protects the right of any section of citizens having a distinct language, script or culture to conserve it. Article 29(2) provides that no citizen shall be denied admission into any State-maintained or State-aided educational institution on grounds only of religion, race, caste or language.
Article 30(1) gives religious and linguistic minorities the right to establish and administer educational institutions of their choice. Although the text of Article 30 refers to “minorities” rather than “citizens”, it is commonly grouped with the citizen-specific rights in constitutional law discussions, since minority status under the Constitution is understood in relation to the community of citizens. Readers should note that this is an area where the textual position and the commonly taught position differ slightly.
Quick Summary Table
| Article | Right | Available to |
|---|---|---|
| 15 | Non-discrimination by the State | Citizens only |
| 16 | Equality of opportunity in public employment | Citizens only |
| 19 | Six freedoms (speech, assembly, association, movement, residence, profession) | Citizens only |
| 29 | Protection of language, script and culture | Citizens (sections of citizens) |
| 30 | Minorities’ right to run educational institutions | Minorities (commonly treated as citizen-linked) |
How Many Fundamental Rights Are Available to Non-Indian Citizens?
Another common query is how many fundamental rights are available to non-Indian citizens. The Constitution does not provide a fixed count, because the rights are organised by Article rather than by number. In practice, non-citizens can claim the rights that are conferred on “all persons” or “any person”. These cover four of the six categories of fundamental rights, in whole or in part:
- Right to Equality: Article 14 (equality before law and equal protection of laws) and Article 18 (abolition of titles, in part, as it restricts even non-citizens from accepting foreign titles in certain circumstances)
- Right to Freedom: Articles 20, 21 and 22
- Right against Exploitation: Articles 23 and 24
- Right to Freedom of Religion: Articles 25 to 28
- Right to Constitutional Remedies: Article 32, to enforce the rights available to them
In short, non-citizens are excluded from only the handful of Articles discussed above, while remaining entitled to most of Part III.
Which Fundamental Rights Are Available to Foreigners in India?
The question of which fundamental rights are available to foreigners in India is best answered Article by Article.
Right to Equality Before Law: Article 14
Article 14 uses the words “any person”. Foreigners are therefore entitled to equality before the law and equal protection of the laws, and the State cannot treat them arbitrarily.
Protection in Respect of Conviction for Offences: Article 20
Article 20 protects any person from retrospective criminal laws (ex post facto laws), double jeopardy and compulsion to be a witness against oneself. These safeguards apply to foreign nationals accused of offences in India.
Right to Life and Personal Liberty: Article 21
Article 21 is the most widely invoked guarantee for non-citizens. The Supreme Court has repeatedly held that the right to life and personal liberty extends to every person, including foreigners. In Chairman, Railway Board v. Chandrima Das (2000), the Court held that a foreign national who was the victim of a crime in India could seek constitutional remedies for violation of her rights under Article 21. In National Human Rights Commission v. State of Arunachal Pradesh (1996), the Supreme Court directed the State to protect the lives and liberty of Chakma refugees. This protection also reaches foreigners who are detained, refugees and persons facing deportation, who may not be removed except through lawful procedure.
Protection Against Arrest and Detention: Article 22
Article 22 gives any arrested person the right to be informed of the grounds of arrest, to consult a lawyer, and to be produced before a magistrate within 24 hours. These guarantees are available to foreigners, but Article 22(3)(a) excludes enemy aliens from these protections.
Right against Exploitation: Articles 23 and 24
Article 23 prohibits human trafficking and forced labour, and Article 24 prohibits employment of children below 14 years in factories, mines and other hazardous work. Both apply to every person.
Freedom of Religion: Articles 25 to 28
Article 25 states that “all persons” are equally entitled to freedom of conscience and the right to profess, practise and propagate religion, subject to public order, morality and health. Articles 26 to 28 deal with the freedom to manage religious affairs and related protections. Foreigners residing in India can therefore follow their faith.
Right to Constitutional Remedies: Article 32
A foreigner whose available fundamental right has been violated may approach the Supreme Court directly under Article 32, or the High Court under Article 226.
Limits on the Rights of Foreigners in India
Even where rights are available, the State retains wide powers over non-citizens. Foreigners cannot claim the right to reside and settle in India, since that freedom belongs only to citizens under Article 19(1)(e). The Supreme Court in Hans Muller of Nuremberg v. Superintendent, Presidency Jail (1955) upheld the Union’s power to expel foreigners under the Foreigners Act, and in Louis De Raedt v. Union of India (1991) the Court reaffirmed that foreigners have no fundamental right to stay in India, while remaining entitled to the protection of Article 21 and fair procedure.
Other Rights Reserved for Citizens Outside Part III
Certain important rights and offices linked to citizenship are not fundamental rights but are provided elsewhere in the Constitution or in statutes. These include the right to vote in elections under Article 326, eligibility to contest elections to Parliament and State legislatures, and eligibility to hold constitutional offices such as the President (Article 58) and the Vice-President (Article 66). Overseas Citizens of India (OCI) cardholders are not citizens under the Constitution and do not enjoy the rights of citizens in these respects.
Frequently Asked Questions
Q. Which fundamental rights are only available to Indian citizens?
Articles 15, 16, 19, 29 and 30 are the provisions generally identified as fundamental rights only available to Indian citizens.
Q. How many fundamental rights are given to Indian citizens?
Indian citizens have six categories of fundamental rights under Part III of the Constitution.
Q. How many fundamental rights are available to non-Indian citizens?
Non-citizens can claim the rights conferred on “all persons”, which span Articles 14, 20 to 28 and 32, but not Articles 15, 16, 19 and 29.
Q. Which fundamental rights are available to foreigners in India?
Foreigners can claim equality before law, protection in criminal proceedings, the right to life and personal liberty, protection against arbitrary arrest, protection from forced labour and trafficking, and freedom of religion.
Conclusion
The distinction between citizens and non-citizens in Part III reflects a careful balance. The fundamental rights only available to Indian citizens, especially the freedoms under Article 19 and equality in public employment under Article 16, are tied to full membership of the political community. At the same time, the guarantees of life, liberty, equality before law and religious freedom extend to everyone within Indian territory, affirming that basic human dignity does not depend on citizenship.
