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    what rights do the citizens of india have under the indian constitution, which non-citizens do not have?

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    Fundamental Rights (Article 12

    Fundamental Rights (Articles 12-35) are in Part III of the Indian Constitution. Fundamental Rights are broadly classified into 6 different rights - these rights are conferred on the citizens of India by the Constitution, these rights are inviolable. Download Fundamental Rights notes PDF. For UPSC 2022 Preparation, follow BYJU'S.

    Articles 12-35 of Indian Constitution deal with Fundamental Rights. These human rights are conferred upon the citizens of India for the Constitution tells that these rights are inviolable. Right to Life, Right to Dignity, Right to Education etc. all come under one of the six main fundamental rights.

    Fundamental rights are a very important topic in the polity section of the UPSC exam. It is a basic static portion of the syllabus but it is highly dynamic in the sense that it is featured in the daily news in some form or the other. Hence, it is highly important for the IAS exam.

    In this article, you can read all about 6 fundamental rights of India:

    Right to EqualityRight to FreedomRight against ExploitationRight to Freedom of ReligionCultural and Educational RightsRight to Constitutional Remedies

    The significance and list of fundamental rights for the UPSC exam are also given in the article.

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    What are the Fundamental Rights?

    Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc. Significantly, fundamental rights are enforceable by the courts, subject to certain conditions.

    Why are they called Fundamental Rights?

    These rights are called fundamental rights because of two reasons:

    They are enshrined in the Constitution which guarantees them

    They are justiciable (enforceable by courts). In case of a violation, a person can approach a court of law.

    List of Fundamental Rights

    There are six fundamental rights of Indian Constitution along with the constitutional articles related to them are mentioned below:

    Right to Equality (Article 14-18)

    Right to Freedom (Article 19-22)

    Right against Exploitation (Article 23-24)

    Right to Freedom of Religion (Article 25-28)

    Cultural and Educational Rights (Article 29-30)

    Right to Constitutional Remedies (Article 32)

    Why Right to Property is not a Fundamental Right?

    There was one more fundamental right in the Constitution, i.e., the right to property.

    However, this right was removed from the list of fundamental rights by the 44th Constitutional Amendment.

    This was because this right proved to be a hindrance towards attaining the goal of socialism and redistributing wealth (property) equitably among the people.

    Note: The right to property is now a legal right and not a fundamental right. 

    Introduction to Six Fundamental Rights (Articles 12 to 35)

    Under this section, we list the fundamental rights in India and briefly describe each of them.

    1. Right to Equality (Articles 14 – 18)

    Right to equality guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place of birth. It ensures equal employment opportunities in the government and insures against discrimination by the State in matters of employment on the basis of caste, religion, etc. This right also includes the abolition of titles as well as untouchability.

    Aspirants can read more about Right to Equality in the linked article.

    2. Right to Freedom (Articles 19 – 22)

    Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution guarantees freedom to citizens. The freedom right includes many rights such as:

    Freedom of speech

    Freedom of expression

    Freedom of assembly without arms

    Freedom of association

    Freedom to practise any profession

    Freedom to reside in any part of the country

    Read more on the Right to Freedom in the linked article.

    Some of these rights are subject to certain conditions of state security, public morality and decency and friendly relations with foreign countries. This means that the State has the right to impose reasonable restrictions on them.

    Aspirants can find the details on Right to Life (Article 21), in the linked article.

    3. Right against Exploitation (Articles 23 – 24)

    This right implies the prohibition of traffic in human beings, , and other forms of forced labour. It also implies the prohibition of children in factories, etc. The Constitution prohibits the employment of children under 14 years in hazardous conditions.

    Read more on the Right against Exploitation in the linked article.

    4. Right to Freedom of Religion (Articles 25 – 28)

    This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is freedom of conscience, profession, practice and propagation of religion. The State has no official religion. Every person has the right to freely practice his or her faith, establish and maintain religious and charitable institutions.

    Read more on the Right to Freedom of Religion in the linked article.

    5. Cultural and Educational Rights (Articles 29 – 30)

    These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to preserve their heritage and culture. Educational rights are for ensuring education for everyone without any discrimination.

    स्रोत : byjus.com

    Fundamental Rights Available Only to Citizens of India

    There are Rights. There are Fundamental Rights. There are Fundamental Rights available only to the 'citizens of India'. Know them.

    Fundamental Rights Available Only to Citizens of India

    LAST UPDATED ON FEBRUARY 5, 2020 BY ALEX ANDREWS GEORGE

    There are Rights. There are Fundamental Rights. There are Fundamental Rights available only to the ‘citizens of India’. Know them.

    The Fundamental Rights (FR) are named so because they are guaranteed and protected by the Indian Constitution (Article 12 to 35).

    These rights are ‘fundamental’ for the all-round development of individuals.

    Table of Contents

    Fundamental Rights limits the power of the State

    Fundamental Rights uphold the dignity of the individual. Fundamental Rights protects the freedom of the people against the invasion by the state.

    If any of your Fundamental Rights are violated, you can directly approach the Supreme Court of India. Thus, these rights limit the tyranny of the executive (government) or abuse of power by the legislature.

    Fundamental Rights: Citizen vs Non-Citizen

    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.

    While most Fundamental Rights are available for citizens and foreigners alike (Eg: Article 21), certain rights are exclusive only for Indian Citizens (Eg: Article 19).

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    Fundamental rights available to both citizens and foreigners except enemy aliens

    Article 14 – Equality before the law and equal protection of laws.Article 20 – Protection in respect of conviction for offences.Article 21 – Protection of life and personal liberty.Article 21A – Right to elementary education.Article 22 – Protection against arrest and detention in certain cases.Article 23 – Prohibition of traffic in human beings and forced labour.Article 24 – Prohibition of employment of children in factories etc.Article 25 – Freedom of conscience and free profession, practice and propagation of religion.Article 26 – Freedom to manage religious affairs.Article 27 – Freedom from payment of taxes for promotion of any religion.Article 28 – Freedom from attending religious instruction or worship in certain educational institutions.

    Fundamental Rights Available Only to Citizens of India

    Article 15 – Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.Article 16 – Equality of opportunity in matters of public employment.Article 19 – Protection of six rights related to freedom – (a) of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (f) to practice any profession, or to carry on any occupation, trade or business.Article 29 – Protection of language, script and culture of minorities.Article 30 – Right of minorities to establish and administer educational institutions.

    You should be an Indian Citizen to…

    vote in Elections.

    contest in Elections (connected with Article 16)

    hold any constitutional posts of the country, like The President, Vice-President, Governor, ministers, judges etc. (connected with Article 16)

    get any benefits from the government given only to the citizens of India.

    Regarding Citizenship of India

    The conditions for Indian Citizenship at the commencement of the Indian Constitution is provided directly in the Constitution of India itself – Article 5 to 11.

    The Citizenship Act of 1955 provides for the acquisition or loss of citizenship after the commencement of the Indian Constitution (ie after 26th January 1950.

    The Citizenship Act has been amended multiple times, the latest amendment being the controversial Citizenship Amendment Act 2019.

    Conclusion

    Rights are the social claims without which, a man cannot give his best to the society.

    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.

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    Explained: The Nuts and Bolts of Indian Citizenship

    A brief textbook on the basic tenets of citizenship, with the Citizenship (Amendment) Act having brought who is a citizen and who is not into direct debate.

    Rights

    Explained: The Nuts and Bolts of Indian Citizenship

    A brief textbook on the basic tenets of citizenship, with the Citizenship (Amendment) Act having brought who is a citizen and who is not into direct debate.

    Protestors hold placards during a protest against the Citizenship Amendment Act, at Mandi House, in New Delhi, Thursday, December 19, 2019. Photo: PTI/Manvender Vashist

    Shruti Jain Law Rights 19/Dec/2019

    What is citizenship?

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    The population of a state is divided into two categories: citizens and non-citizens. A citizen of a state enjoys all civil and political rights. A non-citizen, on the other hand, doesn’t enjoy these rights.

    Under the Indian constitution, certain fundamental rights are available only to the citizens, namely: Right against discrimination on the grounds of religion, race, caste, sex or place of birth (Article 15); right to equality of opportunity in matter of public employment (Article 16); freedom of speech and expression, assembly, association, movement, residence and profession (Article 19); cultural and educational rights (Article 29 and 30); and right to vote and become members of the union and state legislatures.

    Several offices can also be occupied exclusively by citizens: president (Article 58(1)(a), vice-president (Article 66(2)), judges of the Supreme Court (Article 124(3)) and high court (Article 217(2)), governor of a state (Article 157), attorney general (Article 76(1)) and advocate general (Article 165).

    Equality before the law or equal protection of the laws within the territory of India (Article 14 ) and protection of life or personal liberty (Article 21) are applicable to non-citizens as well.

    What are the constitutional provisions relating to citizenship in India?

    The Indian constitution doesn’t prescribe a permanent provision relating to citizenship in India. It simply describes categories of persons who are deemed to be citizens of India on the day the Indian constitution was promulgated on January 26, 1950, and leaves citizenship to be regulated by law made by the parliament.

    Also read: An Unnatural Politics and the Madness of the Indian State

    Article 11 of the constitution confers power on the parliament to make laws regarding citizenship. The Indian Citizenship Act, 1955 was enacted in exercise of this provision.

    Who were the persons who were deemed to be citizens of India when the constitution was promulgated?

    There are four categories of persons, identified between Articles 5 and 8 of the constitution, who were deemed eligible to become citizens of India when the constitution came into effect.

    i) Citizenship by domicile (Article 5): A person who was born in India or either of the person’s parents was born in India or the person must have been an ordinarily resident in the territory of India for not less than five years immediately before the commencement of the constitution. Domicile of a person is in that country in which the person either has or is deemed by law to have his/her permanent house.

    ii) Citizenship of migrants to India from Pakistan (Article 6): Persons who have migrated from Pakistan to India have been classified into two categories: i) those who came to India before July 19, 1948, and ii) those who came on or after July 19, 1948.

    Protests against the Citizenship Amendment Act in Bengaluru on December 15, 2019. Photo: PTI/Shailendra Bhojak

    In the case of persons migrating before July 19, 1948, if the person has been ordinarily residing in India since the date of her migration, and in case of a person migrating on or after July 19, 1948, if he/she has been registered as a citizen of India, after residing for at least six months immediately before the date of applying for registration, by an officer appointed by the government of India, shall be deemed to be a citizen of India.

    iii) Citizenship of migrants of Pakistan (Article 7): If a citizen of India has migrated to Pakistan after March 1, 1947, but returned to India on the basis of permit for resettlement in India, the person is entitled to become a citizen of India if he/she registers herself as a citizen of India, after residing for at least six months immediately before the date of applying for registration, by an officer appointed by the government of India.

    iv) Citizenship of persons of Indian origin residing outside India (Article 8): Indian nationals (whose parents or any grandparents were born in India as defined in the Government of India Act, 1935) residing abroad shall be conferred Indian citizenship, as if they have been registered by the diplomatic or consular representatives of India in the country where they are residing.

    What are the provisions under the Citizenship Act, 1955?

    The Act provides for acquisition of Indian citizenship in the following ways:

    स्रोत : thewire.in

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