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Q80 (CDS-II/2009) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Constitutional Remedies Answer Verified

Which one of the following rights conferred by the constitution of India is also available to non-citizens?

Result
Your answer: —  Â·  Correct: D
Explanation

The Constitution of India distinguishes between Fundamental Rights available only to citizens and those available to all persons (including non-citizens). Article 19 guarantees six freedoms, including speech, assembly, association, movement, residence, and the right to carry on any occupation or trade [c1][t1]. These specific rights under Article 19 are strictly confined to citizens of India and are not available to aliens or foreigners [c2][t3]. In contrast, the Right to Constitutional Remedies under Article 32 is available to any 'person' whose fundamental rights (that are applicable to them) have been violated [t8]. While some sources describe it as a right for citizens, legal jurisprudence confirms that non-citizens can approach the Supreme Court to enforce rights guaranteed to them, such as Article 14 (Equality) or Article 21 (Life and Liberty) [t2][t8]. Therefore, among the given options, only the right to constitutional remedies can be accessed by non-citizens to protect their applicable rights.

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > III Protection of Six Rights > p. 85
  2. [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 7: CITIZENSHIP > CITIZENSHIP > p. 83
  3. [3] https://mcrhrdi.gov.in/splfc2-2022/week9/Article%2019%20Freedoms%20-%20ASR.pdf
  4. [4] https://www.mea.gov.in/images/pdf1/part3.pdf
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