Quick Answer: Does Article 14 Apply To Non Citizens?

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.”.

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.

How can violates Article 14?

A retired member of judiciary in an article in a leading daily has stated that CAA violates Article 14 on all three counts of reasonable classification, arbitrariness in state action and treating people unequally without reason. … Further, Article 14 lays down clearly that all laws in the nation cannot be general.

Is Article 21 available 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).

Why Citizenship Amendment Bill is unconstitutional?

The court observed that the fundamental right to life and liberty guaranteed by Article 21 of the constitution is also available to Chakmas, though they were not Indian citizens. In light of that, the CAB is unconstitutional as it violates both Articles 14 and 21 of the constitution.

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.

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.

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.

Does Article 14 apply to non citizens of India?

Article 14 guarantees equality to all persons, including citizens, corporations, and foreigners.

Which article is applicable to non citizens only?

Equality before the law or equal protection of the laws within the territory of India (Article 14 ) and protection of life or personal liberty (Article 21) are applicable to non-citizens as well. What are the constitutional provisions relating to citizenship in India?

What are the 14 human rights?

Article 14 requires that all of the rights and freedoms set out in the Act must be protected and applied without discrimination. Discrimination occurs when you are treated less favourably than another person in a similar situation and this treatment cannot be objectively and reasonably justified.

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.

Which article is only for Indians?

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.

Why is Citizenship Amendment Bill wrong?

The bill also drew flak from opposition parties for excluding Muslims from the religious communities that it seeks to grant Indian citizenship to on grounds of religious persecution. The opposition has also been criticising the government for excluding Muslims from countries such as Nepal and Sri Lanka.

Does Indian Constitution apply to non citizens?

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