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Who among the following are entitled to get the benefits of equality before the law and the equal protection of the laws as enshrined under Article 14 of the Constitution of India ? 1. All Indian citizens living in India. 2. All Indian citizens living abroad 3. Foreigners living within the territory of India 4. All citizens bom in India Select the correct answer using the code given below :
Explanation
Article 14 of the Indian Constitution provides that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India [3]. The use of the term "person" signifies that this fundamental right is not restricted to citizens but extends to all individuals, including foreigners, provided they are within the territory of India [2]. Consequently, Indian citizens living in India (Statement 1) and foreigners living within the territory of India (Statement 3) are entitled to these benefits. However, the right is specifically limited to actions "within the territory of India," meaning Indian citizens living abroad (Statement 2) cannot claim this protection against the Indian State for actions occurring outside Indian jurisdiction [3]. Statement 4 is a subset of citizenship and does not alter the territorial requirement of the Article.
Sources
- [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 100
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > Tab 8.2 Fundamental Rights (FR) of Foreigners > p. 76
- [3] https://www.mea.gov.in/images/pdf1/part3.pdf