LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


Why exception for foreigner in fundamental rights?

Article 14 of the Constitution of India, prevents the State from denying any “person” (as opposed to citizen) “equality before the law”
or “equal protection of the laws' within the territory of India.

Then why fundamental rights discriminate against foreign nationals?


Answer the question and help our querier find a solution to the problem. 


 11 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     29 December 2019

Dear Shakare,

There is nothing discriminatiry to foreign nationals in Article 14.


Kishor Mehta (CEO)     30 December 2019

The Constitution of India is applicable to all natural residents/citizens of India and the word 'person' relates to natural residents/citizens, it does not apply to foreign entrants.

G.L.N. Prasad (Retired employee.)     30 December 2019

A constitution should take care the interest of residents and their needs and protect every person, not to enemies of the state.

P. Venu (Advocate)     30 December 2019

"Then why fundamental rights discriminates foreign nationals?" How?


Kishor Mehta (CEO)     30 December 2019

Simply because a foreigner is not fundamentally Indian. No country/nation in the world accords fundamental rights to foreigners.


Such as some Fundamental Rights available to citizens and not foreigners, some available to both but not enemy aliens.

I'm will be enlightened with your response sir.

T. Kalaiselvan, Advocate (Advocate)     08 January 2020

Article 14 is one of the cornerstones of the Constitution. It states, "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." ... The equal protection of law means the State will not frame laws or rules that discriminate between two persons

The Citizenship Amendment Bill is being opposed by Opposition parties and many civil rights activists on the ground that it discriminates against Muslims. They say that such discrimination is unconstitutional under Article 14.

Rights under Article 14 are absolute. These two fundamental rights are not exclusive to the citizens of India but to "any person". 

Article 14 is not confined to the citizens. It gives benefits of equality to any person within the territory of India even to a foreigner


1 Like

Sudhir Kumar, Advocate (Advocate)     11 January 2020

Some fundamental rights are restrcited to Indian Nationals only




some are available to every prson on Indian soil.

Shadab Ansari   19 January 2020

article 14 is applicable to every person including foreigners...
I think you need to learn doctrine of equality.
equals are to be treated alike..
some right are only for citizens because they have to live here forever ..
foreigners come and go...

Shubham Chauhan   28 January 2020

Fundamental rights are given under part III of Indian constitution from article 12 to 35. These rights are available to both citizens and foreigners except alien enemy but there are some provision of fundamental rights in our constitution which are only available to citizen are as- 1) Article 15- no discrimination on grounds of religion, race, caste, s*x, or place of birth. 2) Article 16- equality of opportunity in matters of public employment. 3) Article 19- six basic freedoms subject to reasonable restrictions 4) Article 29- protection of language, scriptt,and culture of minorities. 5) Article 30- right of minorities to establish and administer educational institutions and rest are given to both citizens and foreigners except alien enemy. The main reason behind this to not give these rights to foreigners to give more preference and to safeguards the interest of our citizens. As we all are aware that we got our independence after a lot of struggle.Britishers came in India for the purpose of trade .Due to the free trade policy and no restriction on them .They got a opportunity and succeed in making our country colonised . So while drafting the Indian Constitution, the law makers taking this in consideration,imposed some restriction on the foreigners to prevent the history from repeating itself,only those fundamental rights were given to the foreigners and which does not violate the natural human rights.

175B083 Mahesh P S   08 December 2020

Article 14 does not discriminate between Indians and Foreign Nationals, it is available to both citizens and foreigners except alien enemies. India was a signatory to the Universal Declaration of Human Rights, therefore great precaution was taken so that Fundamental Rights mentioned in Part 3 of Indian Constitution is concurrent with the provisions of the UN Declaration of Human Rights.

And it wouldn’t be accurate to say foreign nationals are discriminated by the fundamental rights some rights are applicable while some aren’t as citizens stay in the country throughout their lifetime paying taxes, availing the resources in the country, influencing the economy in their capacity and being part of its cultural habitat.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register