Fundamental Rights: Available to citizens vs non-citizen
Fundamental rights mentioned in the Constitution are concurrent with the UN declaration of Human rights while making fundamental rights constitution-makers were taken the precaution to follow the rules and provisions of Human Rights declared by the United Nations.
Most of the fundamental rights are available to both citizens and non-citizen e.g. Article 14 (Right to equality, Article 21(Protection of life and liberty), etc. but there are few rights which is available to an only citizen of India they are –
- Article 15
- Article 16
- Article 19
- Article 29
- Article 30
Except for these rights every fundamental right is available to both citizens of India and non-citizen. There are a few more rights that were secured by the constitution and interpreted by the judiciary, to secure a person’s rights. And that interpretation of a provision of the Indian constitution made the scope of fundamental rights very wide.
Few More Rights Provided by Judiciary under the Context of the Constitution
- The Right of Freedom to decide the number of pages of a newspaper was upheld in the Sakal Papers case by the Supreme Court;
- Right to travel abroad is also fundamental rights decided by SC in the Maneka Gandhi case;
- Right to vote was upheld by the Supreme Court in Union of India v. Association for democratic reforms, SC held that voter’s right to know about their candidate is a fundamental right etc.
There are many more rights that were explained by the Supreme Court in various cases but every such right was taken from the interpretation of the constitution, hence, it’s the Constitution that itself provides and secures the fundamental rights of every Indian citizen.
Further, it is not necessary that a right must be specifically mentioned in a particular article. It may be a fundamental right if it is an integral part of a named fundamental right of the same basic nature and character as that fundamental right. Every activity that facilitates the exercise of the named fundamental right may be considered an integral part of that right and hence be a fundamental right.
Fundamental Rights of Indian Citizens
Part-III (Article 12-35) of the Indian Constitution provides Fundamental Rights, these are the basic rights guaranteed by the Constitution of India itself. All the six Fundamental rights 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 32-35
Table of Content
- What are Fundamental Rights?
- Fundamental Rights of Indian Citizens
- History of Fundamental Rights
- Constitution Secures Fundamental Rights
- Fundamental Rights: Available to citizens vs non-citizen
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