Fundamental Rights for Citizens and Foreigners in India

Fundamental Rights available to only citizens and not foreigners

  • Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
  • Equality of opportunity in matters of public employment (Article 16).
  • Six basic freedoms subject to reasonable restrictions (Article 19).
  • Protection of language, script and culture of minorities (Article 29).
  • Right of minorities to establish and administer educational institutions (Article 30).

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).
  • Protection in respect of conviction for offences (Article 20).
  • Protection of life and personal liberty (Article 21).
  • Right to elementary education (Article 21A).
  • Protection against arrest and detention in certain cases (Article 22).
  • Prohibition of traffic in human beings and forced labour (Article 23).
  • Prohibition of employment of children in factories etc., (Article 24).
  • Freedom of conscience and free profession, practice and propagation of religion (Article 25).
  • Freedom to manage religious affairs (Article 26).
  • Freedom from payment of taxes for promotion of any religion (Article 27).
  • Freedom from attending religious instruction or worship in certain educational institutions (Article 28).

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