Introduction

• The Constitution of India 1950 enshrines a set of Fundamental Rights designed to protect the individual liberties and freedoms of all people within the territory of India.
• The Fundamental Rights are enshrined in Part III of the Indian Constitution, from Articles 12 to 35.
• Some Fundamental rights are guaranteed to both citizens and non-citizens.
• The main object of the fundamental rights is to uphold the dignity of an individual and to protect the freedom of people against invasion by the State.

Fundamental Rights

• The fundamental rights are enshrined in Part III of the Constitution of India, 1950
• There are broadly six categories of fundamental rights, and they are as follows:
  • Right to Equality (Article 14-18)
  • Right to Freedom (Article 19-22)
  • Right against Exploitation (Article 23-24)
  • Right to Freedom of Religion (Article 25-28)
  • Cultural and Educational Rights (Article 29-30)
  • Right to Constitutional Remedies (Article 32)
• There was one more fundamental right in the Constitution of India i.e., Right to property which was removed by 44^th Constitutional amendment.
• Some of these rights are available only to the citizens of India while some are available to non-citizens also.

Fundamental Rights Available to All Persons (Including Non-Citizens)

• Equality before law and equal protection of laws (Article 14)
  • Article 14 ensures 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 provision applies to both citizens and non-citizens, guaranteeing non-discriminatory treatment.
• Protection in respect of conviction for offences (Article 20)
  • Article 20 provides protection against ex-post facto laws, double jeopardy, and self-incrimination.
  • These protections are available to all individuals, regardless of citizenship.
• Protection of life and personal liberty (Article 21)
  • Article 21 is one of the most significant rights under the Indian Constitution, stating that no person shall be deprived of their life or personal liberty except according to the procedure established by law.
  • This right is available to all persons, including non-citizens.
• Right to elementary education (Article 21-A)
  • Article 21-A inserted by the Constitution (Eighty-sixth Amendment) Act, 2002.
  • The primary object behind this article is to provide free and compulsory education for all children in the age group of six to fourteen years.
• Protection against arrest and detention in certain cases (Article 22)
  • Article 22 provides safeguards against arbitrary arrest and detention, ensuring that individuals have the right to be informed of the grounds for their arrest and the right to legal representation.
  • This applies to all people, including non-citizens.
• Prohibition of traffic and human beings and forced labour (Article 23)
  • Article 23 prohibits the trafficking of human beings, forced labour and any other similar forms of forced labour.
  • This right is available to both citizens and non-citizens.
• Prohibition of employment of children in factories etc. (Article 24)
  • The employment of children below the age of 14 years of age in any factory, mine, or any other hazardous activities are prohibited by Article 24 of the Constitution of India.
• Freedom of conscience and free profession, practice and propagation of religion (Article 25)
  • Article 25 guarantees the freedom of conscience and the right to profess, practice, and propagate religion to all persons.
  • This right is inclusive of both citizens and non-citizens.
• Freedom to manage religious affairs (Article 26)
  • Article 26 of the Constitution of India give the freedom to manage religious affairs and it protects the collective freedom of religion.
• Freedom from payment of taxes for promotion of any religion (Article 27)
  • Article 27 states that no person will be compelled to pay any taxes for the promotion or maintenance of any religious denomination.
• Freedom from attending religious instruction or worship in certain educational institutions (Article 28)
  • Article 28 prohibits any educational institutions maintained by States funds to provide religious instruction there.

Fundamental Rights Exclusively Available to Citizens

• Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15)
  • Article 15 specifically prohibits discrimination on grounds of religion, race, caste, sex, or place of birth against any citizen of India.
• Equality of opportunity in matters of public employment (Article 16)
  • Article 16 pertains to equality of opportunity for the Indian citizens in matters of public employment.
  • It states that no citizen of India shall be discriminated for any employment under the state on the grounds of religion, race, caste, sex, descent, place of birth, residence or any of them.
• Protection of certain rights regarding freedom of speech, etc. (Article 19)
  • Article 19 guarantees six rights which are exclusively available to citizens including:
    • freedom of speech and expression
    • to assemble peaceably and without arms
    • to form association or unions
    • to move freely throughout the territory of India
    • to reside and settle in any part of the territory of India
    • to practice any profession or carry on any occupation, trade, or business.
• Protection of language, script and culture of minorities (Article 29)
  • Article 29 ensures the protection of the interests of minorities, allowing any section of the citizens having a distinct language, script, or culture to conserve the same.
• Right of minorities to establish and administer educational institutions (Article 30)
  • Article 30 grants religious and linguistic minorities the right to establish and administer educational institutions of their choice.

Conclusion

The Indian Constitution extends a range of fundamental rights to both citizens and non-citizens, reflecting its commitment to the rule of law. While certain rights are reserved exclusively for citizens to safeguard national interests and public welfare, the Constitution ensures that non-citizens are not left without protection. The availability of fundamental rights to all persons, regardless of citizenship, underscores India's dedication to justice, equality, and the protection of individual freedoms.