constitution applies to every person who is present within the territory of India.....
we cannot kill any American saying that you are not Indian and articke 21 of the constitution doesn't give you right to life..
article 14 talks about person... article 15 talks about citizens... this Is difference....
whether a guest have right to breath inside your room? how can parliament make laws for the person who is not Indian?
it is the matter if public law not of the personal law...
Does Indian constitution apply to people of other countries ?
Do people of other countries have " fundamental rights " under Indian constitution ? ( they may have human rights ) .
Can such illegal migrants claim Indian citizenship as their fundamental right ?
Since it is only an offer , can India not specify conditions ?
Can SC direct Govt of India to give citizenship to all illegal migrants of all countries of world ?
Why indians should shoulder this burden of illegal migrants for ever ?
Is not INTEREST OF NATION PARAMOUNT and supercedes all other considerations including fundamental rights ?
Why didn't SC provide guidelines for giving citizenship to all illegal migrants ?
Does this act take away the opportunity of seeking Indian citizenship from excluded religious illegal migrants say muslim ?
do remember that constitution was made by law makers without thinking the harm to its own people who left in its divided country's, but that people are under harm then the mother country has the responsibility to protect its own people and your article is biased dear senior advocate, and you do not understand the object of the Act completely
article 14 applies to every person who is present on the surface of, above or underneath this earth within the territory of India... article 14 has taken away the power of making arbitrary or discriminatory laws from the state .. as per article 12, state includes parliament..expression used in article 245 "Law" or "laws" and the expression "law" used in article 13 are same and identical..
article 13 declares such law, which abridges one or more than one of the fundamental rights, void and unconstitutional... every Law made by parliament is subject to provisions of this constitution which includes articles 13 and 14...
it is common sense that how any law which is passed by such a competent authority, power to which has been given by the constitution, will be applicable to those Constitution itself doesn't apply thereto ?
Those three countries declared themselves as religious nations. Their Constitutions provide for religious persecution. There may be another kinds of persecution. All the goods things may not not happen once. Hope India will be able to absorb those are in need in future. Same kind of logic was applied to Hindu Bigamy Act, by Bombay High Court, CJ Chagla, in 1956 or 1955.
Is the worry is about not considering other kinds of persecution or for considering religious persecution?
Is indian Constitution applicable to any person from another country? I think the moment they become indian citizen then only indian constitution is applicable. Also it is apparent that Indian constitution doesn't violate to any person until now who are indian citizen at present. Then how intelligible differentia can be applied taking samples (persons from other countries) outside the scope?
Good article. very informative.
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