Indian Citizen – Rights of

In Sielmakh Leonid Lullia v. Secretary to the Ministry of External Affarirs, Government of India (W.P. No. 1648 of 2010) decided on 25.11.2010 while relying on Chairman, Railway Board v. Mrs. Chandrima Das¸ AIR 2000 SC 988, it was observed as under:
“In the aforesaid case, a Bangladeshi woman was subjected to rape by an accused in India. A writ petition was filed by a practicing advocate under Article 226 of the Constitution of India for paying compensation to the victim. The Supreme Court has considered the applicability of Articles 21 and 14 of the Constitution in such cases.
The Fundamental Rights are available to all the citizens of the country but a few of them are also available to “persons”. While Article 14, which guarantees equality before law or the equal protection of laws within the territory of India, is applicable to “person” which would also include the “citizen” of the country and “non-citizen” both. Article 15 speaks only of “citizen” and it is specifically provided therein that there shall be no discrimination against any “citizen” on the ground only of religion, race, caste, sex, place of birth or any of them nor shall any citizen be subjected to any disability, liability, restriction or condition with regard to access to shops, public restaurants, hostel and places of public entertainment, or the use of wells, tanks, bathing ghats, roads and place of public resort on the aforesaid grounds. Fundamental Rights guaranteed under Article 15, is therefore, restricted to “citizen”. So also, Article 16 which guarantees equality of opportunity in matters of public employment is applicable only to “citizens”. The Fundamental Rights contained in Article 19, which contains the right to “Basic Freedoms”, namely, freedom of speech and expression; freedom to assemble peaceably and without arms; freedom to form associations or unions; freedom to move freely throughout the territory of India; freedom to reside and settle in any part of the territory of India and freedom to practice any profession, or to carry on any occupation, trade or business, are available only to “citizens” of the country.
The word “citizen” in Article 19 has not been used in a sense different from that in which it has been used in Part II of the Constitution dealing with “citizenship”. It has also been held that the words “all citizens” have been deliberately used to keep out all “non-citizens” which would include aliens.
Thus, Government service is strictly restricted to the persons who are natural citizens of India or have acquired Indian Citizenship. A person who is not an Indian citizen cannot take a regular or permanent job with the Government, either Central or State. Raj Kumari v. State of U.P., 2017 (1) AWC 873.

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Filed under Employment Law, government service

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