Which among the following fundamental rights is/are available to non-citizens? 1. Freedom of speech 2. Protection against self-incrimination 3. Freedom of conscience 4. Non-discrimination in matters of employment Select the correct answer using the code given below:
- (a)1, 2 and 3 only
- (b)1, 3 and 4 only
- (c)2 and 3 only
- (d)2 only
Correct — C, 2 and 3 only. The test is the opening words of each article. Article 20(3) says that no person accused of any offence shall be compelled to be a witness against himself, so protection against self-incrimination reaches everyone within India, citizen or not. Article 25(1) entitles all persons equally to freedom of conscience and the right to profess, practise and propagate religion. Both therefore run to non-citizens. The other two are worded for citizens alone. Article 19(1) opens with all citizens shall have the right, which covers freedom of speech and expression. Article 16(1) guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State, and clause (2) bars discrimination against a citizen on grounds of religion, race, caste, sex, descent, place of birth or residence.
- (a)1, 2 and 3 only — Adds freedom of speech to the two correct entries. Article 19 is the clearest citizens-only article in Part III, which is why aliens have no right to claim its freedoms.
- (b)1, 3 and 4 only — Keeps freedom of speech and adds non-discrimination in employment, so it takes both citizens-only rights and drops one that is available to all persons.
- (d)2 only — Stops at self-incrimination and drops freedom of conscience, although Article 25 begins with all persons — the same phrase that makes Article 20 available to everyone.
Part III is written in two registers. Some articles begin with all persons or no person and apply to everyone in the territory of India — equality before law and equal protection of the laws under Article 14, protection in respect of conviction under Article 20, life and personal liberty under Article 21, freedom of religion under Articles 25 to 28, and the cultural and educational rights of minorities under Articles 29 and 30 in part. Others begin with citizens — Article 15 on discrimination, Article 16 on public employment, Article 19 on the six freedoms, and Article 29(1) on the right to conserve a distinct language, script or culture.
The reliable method is textual rather than conceptual: read the first words of the article and let them decide. Candidates get into trouble by reasoning from importance instead, assuming that a right as fundamental as free speech must belong to everyone; the Constitution reserves it for citizens, and a foreign national in India relies on Article 21 instead. It is also worth noting how the right to property moved out of Part III altogether — after the 44th Amendment it sits in Article 300A as a constitutional right available to any person, which is a useful reminder that person and citizen are drafting choices with real consequences.
- Article 20(3) protects any person accused of an offence from being compelled to be a witness against himself.
- Article 25(1) entitles all persons equally to freedom of conscience and to profess, practise and propagate religion.
- Article 19(1) confers the six freedoms, including speech and expression, on citizens only.
- Article 16 guarantees equality of opportunity in public employment to citizens only.
- Articles 14, 20, 21, 25 to 28 are among those available to non-citizens; Articles 15, 16, 19 and 29(1) are confined to citizens.
The first six words of an article settle the question faster than any argument about how important the right is.
- Assuming freedom of speech belongs to everyone; Article 19 is confined to citizens.
- Reading Article 16 as a general anti-discrimination guarantee; it is limited to citizens and to employment under the State.
- Forgetting that Articles 20 and 21 survive even a Proclamation of Emergency, which is a separate point from who may claim them.
As a statements item asking which rights extend to non-citizens, or as a match-list pairing an article number with citizen or person.
What is the position of the Right to Property in India?
- (a) Legal right available to citizens only
- (b) Legal right available to any person
- (c) Fundamental Right available to citizens only
- (d) Neither Fundamental Right nor legal right
Answer(b) Legal right available to any person
The same citizen-or-person distinction, asked about a right that has changed category. Its options are built out of exactly the two axes this question tests.
Which among the following Fundamental Rights is not suspended when an Emergency is declared?
- (a) Protection in respect of conviction for offences
- (b) Right to constitutional remedies
- (c) Right to move freely throughout the territory of India
- (d) Equality before law
Answer(a) Protection in respect of conviction for offences
Article 20 again, from the other direction. It is both the article that survives an Emergency and the article that reaches non-citizens, which makes it worth learning once and using twice.
- practice — not a real PYQ
Which one of the following fundamental rights is available to citizens of India alone?
- (a)Protection of life and personal liberty
- (b)Equality of opportunity in matters of public employment
- (c)Freedom of conscience
- (d)Protection against double jeopardy
Answer(b) Equality of opportunity in matters of public employment — Article 16 opens with all citizens; the other three are worded for all persons.
- practice — not a real PYQ
The right to property in India is at present
- (a)a fundamental right available to citizens only
- (b)a fundamental right available to all persons
- (c)a constitutional right available to all persons
- (d)neither a fundamental nor a constitutional right
Answer(c) a constitutional right available to all persons — moved to Article 300A by the 44th Amendment in 1978.