Which of the following Fundamental Rights are also available to non-citizens?

Question

Which of the following Fundamental Rights are also available to non-citizens?

i. Equality before law

ii. Freedom of expression

iii. Freedom to manage religious affairs

iv. Protection against arrest and detention in certain cases

Choose the correct answer:

1. A. i, ii, iii
2. B. ii, iii, iv
3. C. i, ii, iv
4. D. i, iii, iv (Correct answer)

Correct Answer

Option D — i, iii, iv

Detailed Solution & Explanation

The correct answer is i, iii, iv.

Key Points

• Testing each right against whether it extends to non-citizens:

• So i, iii and iv extend to non-citizens, which is option D.

Additional Information

• The rights available only to citizens are those under Articles 15, 16, 19, 29 and 30 — prohibition of discrimination, equality of opportunity in public employment, the six freedoms, protection of language and culture, and minority educational rights.
• The rights available to all persons, citizens and foreigners alike, are Articles 14, 20, 21, 21-A, 22, 23, 24, 25, 26, 27 and 28 — equality before law, protection in respect of conviction, life and personal liberty, education, protection against arrest, prohibition of trafficking and child labour, and the freedom of religion group.
• Article 19's six freedoms are speech and expression, assembly, association, movement, residence, and profession. The right to property was the seventh until the 44th Amendment Act, 1978 removed it and made it a legal right under Article 300-A.
• Article 22 exceptions: the protections of clauses (1) and (2) — the right to be informed of the grounds of arrest, to consult a lawyer, and to be produced before a magistrate within 24 hours — do not apply to an enemy alien or to a person detained under a preventive detention law.
• Enemy aliens are the one category of foreigner excluded from several protections that other non-citizens enjoy — the standard qualifier to keep in mind when answering this family of questions.