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Q30 (CAPF/2017) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Fundamental Rights framework Answer Verified

Which of the following statements is/are correct ? 1. Article 15 of the Constitution of India is available to both citizens of India and the foreignere 2. Article 16 of the Constitution of India ia available to the citizeno of India only 3. Article 21 of the Constitution of India is available to both citizens of India and the foreigners alike within the territory of India Select the correct answer using the code given below :

Result
Your answer: —  Â·  Correct: B
Explanation

In the Indian Constitution, Fundamental Rights are categorized based on their applicability to citizens and non-citizens. Article 15, which prohibits discrimination on grounds of religion, race, caste, sex, or place of birth, is exclusively available to citizens of India [2]. Similarly, Article 16, which ensures equality of opportunity in matters of public employment, is also restricted to citizens only [1]. Therefore, statement 1 is incorrect and statement 2 is correct. Article 21, which guarantees the protection of life and personal liberty, is a universal right available to both citizens and foreigners (except enemy aliens) within the territory of India [2]. This distinction ensures that while certain political and civil privileges are reserved for the citizenry, basic human rights like the right to life are extended to all individuals under the state's jurisdiction. Consequently, statements 2 and 3 are correct.

Sources

  1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 7: CITIZENSHIP > CITIZENSHIP > p. 83
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > Tab 8.2 Fundamental Rights (FR) of Foreigners > p. 76
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