Can a Foreign national file petition under article 227


Can a british passport holder residing in India for more than 8 years file petition under article 227 to the Hon'ble High Court.
 
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Yes he can.


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Rupin Singh Dhama
Law Junction

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Lawyer

Same questions have been posted on other platform today itself, it is absurd and ridiculous  to repeat same story.


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If I am asking a simple question, it does not mean that it do not have relevance. Now i give reason for asking this question, I am defendent and petitioner has falsely stated in plaint that He is an Indian Citizen as he is residing in India for last many years. I am finding the reason of his false statement as he is a british citizen. And i also ready some where on google that only two articles of equality and life are applicable to every one rest all articles apply to citizen of india only.

 
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Please reply categorically with reference of Constitution.

 
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Advocate

What is the context for this this query?


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A british citizen filed revision petition in High court with affirmation that he is an indian citizen, but in fact he is a british citizen with british passport. I dont think that it is a mistake in filing petition. According to me its false affirmation. I discussed with an advocate he said that it may be a cut copy paste error in filing petition, but how can it be?

 
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The court observed in The Union Of India vs Major Vikas Kumar

Article 21 of the Constitution of India succinctly states that no person shall be deprived of his life or personal liberty except according to the procedure established by law. Each and every Fundamental Right guaranteed by our Constitution is to be protected and enforced by the Court. In the case of a confrontation between Human Rights on the one hand and the imperatives of discipline in all its myriad manifestation in the Armed Forces on the other, the former must prevail. It is not our intention to foist our views or prescribe our perceptions on the Armed Forces Authorities but nevertheless we must resolutely interpret the extant Rules in a reasoned and logical manner so that they conform to and are in consonance with Human Rights.

The jurisdiction conferred upon the High Courts under Articles 226/227 of the Constitution is a part of the inviolable basic structure of our Constitution. While this jurisdiction cannot be ousted, other courts and Tribunals may perform a supplemental role in discharging the powers conferred by Articles 226/227 and 32 of the Constitution.

So a foreign national can validly file petition under Article 227 in violation of following Fundamental Rights:

  • 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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