Previous Year Question
Which of the following Fundamental Rights under the Constitution is guaranteed only to the citizens of India and not to foreigners living in India?
Equality before law
Freedom of speech and expression
Protection of life and personal liberty
Free practice of religion
Correct Answer: B
Detailed Solution
The correct answer is freedom of speech and expression. Article 19(1) expressly begins with the words “All citizens”. Article 19(1)(a) guarantees the freedom of speech and expression to Indian citizens. Therefore, a foreigner does not acquire this right merely by residing in India.
In contrast, Article 14 uses the expression “any person”. Therefore, the right to equality before law and equal protection of the laws extends to foreigners as well as citizens, subject to specific constitutional exceptions.
Similarly, Article 21 protects every person against deprivation of life or personal liberty except according to procedure established by law. It is therefore not confined only to citizens.
Article 25 also extends freedom of conscience and the freedom to profess, practise and propagate religion to all persons, subject to public order, morality, health and other constitutional provisions.
Thus, the distinction is: Article 19 → Citizens only, whereas Articles 14, 21 and 25 → Persons, so their protections may extend to non-citizens as well.