Question: Does Article 14 Apply To Foreigners?

Is Article 15 applicable to foreigners?

The Fundamental Rights guaranteed by Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to all persons whether citizens or foreigners.

The Fundamental Rights guaranteed by Articles 15, 16, 19, 29, and 30 are available only to citizens of India..

What does Article 14 18 say about equality?

Right to Equality (Articles 14 – 18) The right to equality provides for the equal treatment of everyone before the law, prevents discrimination on various grounds, treats everybody as equals in matters of public employment, and abolishes untouchability, and titles (such as Sir, Rai Bahadur, etc.).

Is CAA Act passed?

The bill was passed by the Rajya Sabha on 11 December 2019 with 125 votes in favour and 105 votes against it. … After receiving assent from the President of India on 12 December 2019, the bill assumed the status of an act. The act came into force on 10 January 2020.

What is short CAA?

The Act seeks to amend the definition of illegal immigrant for Hindu, Sikh, Parsi, Buddhist and Christian immigrants from Pakistan, Afghanistan and Bangladesh, who have lived in India without documentation. They will be granted fast track Indian citizenship in six years.

Is Article 18 available to foreigners?

Takeaway: [i]Article 18 is applicable even on foreigners. [ii] Article 18 prohibits only hereditary titles of nobility. … The awards cannot be used by the recipient as a title and do not, accordingly, come within the constitutional prohibition”.

Is Article 32 available to foreigners?

Long 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.

Do fundamental rights apply to foreigners?

Fundamental rights available to both citizens and foreigners except enemy aliens. The Fundamental Rights guaranteed by Articles 14,20,21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to all persons whether citizens or foreigners. These are as follows: Equality before law and equal protection of laws (Article 14).

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.”

Who grants citizenship in India?

Citizenship of India by naturalisation can be acquired by a foreigner who is ordinarily resident in India for 12 years (throughout the period of 12 months immediately preceding the date of application and for 11 years in the aggregate of 14 years preceding the 12 months) and other qualifications as specified in Section …

What does Article 15 say?

The film deals with Article 15 of the Constitution of India, which prohibits discrimination on grounds of religion, race, caste, sex or place of birth.

Is the principle of equality in Article 14 absolute?

The Constitution of India guarantees the Right to Equality through Article 14 to 18 of the Indian Constitution. … The Equality of Opportunity, Non-discrimination, and Abolition of Titles in general lives amongst the Citizens of India are absolute and constitutionally qualified in it.

Does Indian Constitution apply to foreigners?

“Article 21 of the constitution [right to life and liberty] applies to all citizens, whether Indian or foreign nationals.

What is Article 21 of the Constitution?

Constitution of India. Protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to procedure established by law.

Why is CAA wrong?

CAA violates Constitutional secular principles and is a violation of Articles 13, 14, 15, 16 and 21 which guarantee the right to equality, equality before the law and non-discriminatory treatment by the Indian State. … There is no way for a Muslim who is declared an ‘illegal migrant’ to get citizenship in India.

What is wrong with Citizenship Amendment Bill?

The Citizenship Amendment Bill (CAB) has created a political storm, with protests in Assam and the rest of the North-east, which fears that thousands of Hindus from neighbouring Bangladesh would gain citizenship. Assamese organizations allege that the bill will pass the burden of illegal migrants to the state alone.

How is CAA against the Constitution?

It’s been suggested that the Citizenship (Amendment) Act (CAA) goes against Article 14 of the Constitution and that there are enough provisions in the unamended Citizenship Act to provide citizenship to persecuted minorities. … Therefore, this CAA does not relate to any Indian, even Muslims.

What are the rights of non citizens?

Non-citizens should have freedom from arbitrary killing, inhuman treatment, slavery, arbitrary arrest, unfair trial, invasions of privacy, refoulement, forced labour, child labour and violations of humanitarian law.

Which fundamental rights are not suspended during emergency?

During a national emergency, many Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. By contrast, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution.

Does NRC violate Article 14?

Union of India , where the Court held that legislations could be struck down on the ground that they were manifestly arbitrary. … With the legal position on the doctrine now settled, it is submitted that the NRC violates Article 14 of the Constitution on the ground that the exercise is manifestly arbitrary.

Is Article 14 available to foreigners?

Article 14 of the Indian Constitution essentially guarantees equality before the law. … Article 14 is applicable not just to Indian citizens but also extends benefits of equality to anyone within Indian territory, even a foreigner.

Which article is amended for CAA?

Another reason behind its criticism is that it violates the provisions of article 14 of the Indian Constitution. So these were some provisions of the Citizenship Amendment Act, 2019 which gives Indian citizenship to illegal migrants of 3 countries.