Foreigner cannot claim right to reside in India under Constitution: Delhi HC

Recently, the Delhi High Court said that a foreigner cannot claim the right to reside in India under Article 19(1)(e) of the Constitution of India.

  • Article 19(1)(e) states that all citizens shall have the right to reside and settle in any part of the territory of India.
  • The court further said that the Fundamental Right of any such foreigner or suspected foreigner is limited to the one declared under Article 21 of Constitution of India i.e. Fundamental Right for life and liberty.

The following articles include the fundamental rights available only to the citizens of India:

  • Article 15 (prohibits discrimination against Indians based on religion, race, caste, sex, or place of birth),
  • Article 16 (equal opportunity in matters of public employment regardless of caste, religion, or sex),
  • Article 19 ( right to freedom of speech and expression, assembly peaceably, to form associations, protection against arrest and detention in certain cases, and protection against defamation.),
  • Article 29 (rights of minorities) and
  • Article 30 (allows all religious denominations and sections of people to establish and administer free and charitable institutions).

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