Question

Choose the fundamental rights available to Indian Citizen but not to aliens :

I. Freedom of Speech and Expression

II. Equality Before the Law

III. Right of Minorities

IV. Protection of Life and Liberty

1. I and III
2. I and IV
3. II and IV
4. II and III
5. None of the above

Answer 1

Correct Answer - Option 1 : I and III

The correct answer is I and III.

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• Fundamental rights available to Indian Citizen but not to aliens:
• Article 19(1)(a):
  • Article 19(1)(a) of the Indian Constitution says that all citizens have the right to freedom of speech and expression.
  • Freedom of Speech and expression means the right to express one's own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode.
  •  It thus includes the expression of one’s idea through any communicable medium or visible representation, such as gesture, signs, and the like.
  • This expression connotes also publication and thus the freedom of the press is included in this category.
  • Free propagation of ideas is the necessary objective and this may be done on the platform or through the press.
  • This propagation of ideas is secured by freedom of circulation and broadcasting.
  • Liberty of circulation and broadcasting is essential to that freedom as the liberty of publication.
  • Indeed, without circulation, the publication would be of little value.
• Article 30:
  • Article 30 of the Indian Constitution states the right of minorities to establish and administer educational institutions.
  • It says: “All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.”
  • Article 30 of the Indian constitution consists of provisions that safeguard various rights of the minority community in the country keeping in mind the principle of equality as well.
  • Article 30(1) says that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
  • Article 30(1A) deals with the fixation of the amount for acquisition of property of any educational institution established by minority groups.
  • Article 30(2) states that the government should not discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language while giving aid.

• Article 14:
  • “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
  • The said Article is clearly in two parts – while it commands the State not to deny to any person ‘equality before the law’.
  • It also commands the State not to deny the equal protection of the laws.
  • The concept of ‘equal protection of the laws’ requires the State to give special treatment to persons in different situations in order to establish equality amongst all.
  • Therefore, the necessary corollary to this would be that equals would be treated equally, whilst un-equals would have to be treated unequally.
• Article 21:
  • Article 21 of the Constitution deals with the prevention of encroachment upon personal liberty or deprivation of life of a person.
  • Article 21 applies to natural persons.
  • The right is available to every person, citizen or alien.
  • Thus, even a foreigner can claim this right.
  • It, however, does not entitle a foreigner the right to reside and settle in India, as mentioned in Article 19 (1) (e).