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Q26 (CDS-I/2021) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Fundamental Rights framework Answer Verified

Which among the following fundamental rights is/are available to non-citizens ? 1. Freedom of speech 2. Protection against self-incrimination 3. Freedom of conscience 4. Non-discrimination in matters of employment Select the correct answer using the code given below :

Result
Your answer: —  Â·  Correct: C
Explanation

In the Indian Constitution, Fundamental Rights are categorized into those available only to citizens and those available to all persons (except enemy aliens). Freedom of speech (Article 19) and non-discrimination in matters of employment (Article 16) are exclusively reserved for citizens [3]. Specifically, Article 19 guarantees six freedoms only to citizens, and Article 16 ensures equality of opportunity in public employment solely for citizens [4]. Conversely, protection against self-incrimination (part of Article 20) and freedom of conscience (Article 25) are available to both citizens and non-citizens [3]. Article 20 provides protection in respect of conviction for offences to all persons, while Article 25 guarantees the right to profess, practice, and propagate religion to everyone within India's territory. Therefore, only statements 2 and 3 are 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] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 7: CITIZENSHIP > CITIZENSHIP > p. 83
  3. [3] https://www.mcrhrdi.gov.in/6thmesfc2023/week4/FUNDAMENTAL%20RIGHTS-A%20CRITICAL%20%20%20EVALUATION.pdf
  4. [4] https://www.mea.gov.in/images/pdf1/part3.pdf
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