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Q94 (CDS-II/2015) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Fundamental Rights framework Answer Verified

Which of the following Fundamental Rights is/are available to non-citizens? 1. Equality before Law 2. Right against Discrimination 3. Equality of Opportunity 4. Protection of Life and Personal Liberty Select the correct answer using the code given below.

Result
Your answer: —  Â·  Correct: B
Explanation

In the Indian Constitution, Fundamental Rights are categorized into those available only to citizens and those available to both citizens and non-citizens (except enemy aliens). Article 14 (Equality before Law) and Article 21 (Protection of Life and Personal Liberty) are guaranteed to all persons, including foreigners. Specifically, Article 14 ensures equality before the law and equal protection of laws within India's territory for any person [2]. Article 21 declares that no person shall be deprived of life or personal liberty except according to the procedure established by law. Conversely, Article 15 (Right against Discrimination) and Article 16 (Equality of Opportunity in public employment) are exclusively reserved for citizens of India and are not available to non-citizens [2]. Therefore, only statements 1 and 4 are correct regarding rights available to non-citizens.

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > Tab 8.2 Fundamental Rights (FR) of Foreigners > p. 76
  2. [2] https://www.mea.gov.in/images/pdf1/part3.pdf
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