UPPSC PCS - 2015

Which of the following Fundamental Rights under the Constitution is guaranteed only to the citizens of India and not to foreigners living in India?

Year Asked: 2015

A
Equality before low
B
Freedom of speech and expression
C
Protection of life and personal liberty
D
Free practice of religion

Correct Answer

B. Freedom of speech and expression

Detailed Explanation

Freedom of speech and expression under Article 19(1)(a) is the right available only to citizens. Article 19 opens with 'All citizens shall have the right to...', and the same citizen-only wording covers assembly, association, movement, residence and profession. A foreigner living in India does not get these freedoms as of right, though the State can restrict them for citizens under Article 19(2) to (6).

Why the others fail: Article 14 says the State shall not deny to 'any person' equality before law, and Article 21 says 'no person' shall be deprived of life and personal liberty. Article 25 guarantees freedom of conscience and free practice of religion to 'all persons'. Foreigners get these too, which is why the Supreme Court has repeatedly applied Article 21 to non-citizens.

Core concept: the Part III rights split into those for 'persons' (universal) and those for 'citizens' (Articles 15, 16, 19, 29 and 30). This is a standard Polity topic and comes up in Mains questions on civil liberties and the rights of migrants and refugees.

Trap: aspirants see 'equality' or 'life' and assume they must be citizen-only because they sound like national rights. Check the wording: 'any person' or 'all persons' means universal, while 'citizens' means restricted.

This question appeared in UPPCS 2015 GS Paper 1.

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