Question: Does Article 14 Apply To Non Citizens?

What does Article 14 18 say about equality?

Right to Equality (Articles 14 – 18) The right to equality provides for the equal treatment of everyone before the law, prevents discrimination on various grounds, treats everybody as equals in matters of public employment, and abolishes untouchability, and titles (such as Sir, Rai Bahadur, etc.)..

Is there a cab against Article 14?

In a debate on the Citizenship Amendment Bill (CAB) hosted by the English news channel Times Now Salve responded to a question on the bill saying, “CAB is not anti-Muslim and does not even violate Article 14, 15 or 21 of the constitution.” … The bill does not violate the Articles of the Constitution.

Which right is not given to foreigners?

Prohibition of discrimination on grounds of race, religion, caste, sex or place of birth and protection of language, script and culture of minorities are not available to foreigners.

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.

What is NRC and CAA?

The Citizenship Amendment Act (CAA) 2019, when viewed in combination with the Modi government’s intention to compile a National Register of Citizens (NRC) for India, will create a situation where being a Muslim and document-less could deprive one of citizenship rights.

Why is CAA unconstitutional?

The CAA is unconstitutional for both violating the text of the Constitution but also going fundamentally against one of the basic features of the Constitution.

Does the Constitution of India apply to non citizens?

However , except for article 15,16, 19,29 and 30, and the right to vote and constitutional posts, every right given in the part 3 of the constitution of India is available to the non- citizens, or is available to every ‘person’, irrespective of his/her nationality, and not specifically to the citizens.

Are fundamental rights applicable to non citizens?

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.

Does the Citizenship Amendment Bill go against Article 14 of the Constitution?

The Bill makes illegal migrants eligible for citizenship on the basis of religion. This may violate Article 14 of the Constitution which guarantees right to equality. The bill violates the Right to Equality (Article 14) as it seeks to grant citizenships to illegal migrants on the basis of religion.

Is Article 18 available to foreigners?

Takeaway: [i]Article 18 is applicable even on foreigners. [ii] Article 18 prohibits only hereditary titles of nobility. … The awards cannot be used by the recipient as a title and do not, accordingly, come within the constitutional prohibition”.

Is Article 14 an absolute right?

Article 14 of the constitution states that: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” This means that every person, who lives within territory of India, has the equal right before the law. … The above right is not an absolute right.

Why is Citizenship Amendment Bill wrong?

Opponents of the bill say it is exclusionary and violates the secular principles enshrined in the constitution. … The constitution prohibits religious discrimination against its citizens, and guarantees all persons equality before the law and equal protection of the law.

Does Article 14 apply to non citizens of India?

Article 14 guarantees equality to all persons, including citizens, corporations, and foreigners. Its provisions have come up for discussion in the Supreme Court in a number of cases and the case of Ram Krishna Dalmia vs Justice S R Tendolkar reiterated its meaning and scope as follows.

Is Article 32 available for foreigners?

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.

What does the CAA bill say?

The Act seeks to amend the definition of illegal immigrant for Hindu, Sikh, Parsi, Buddhist and Christian immigrants from Pakistan, Afghanistan and Bangladesh, who have lived in India without documentation. They will be granted fast track Indian citizenship in six years.