is article 32 available for foreigners?
Yes to the extent of fundamental rights available to non citizens/foreigners i.e 14,21 etc
Till I’m not read this. I’m clear about it but now I got confused.
May be here we need to take context of the person not literal meaning of citizen.Fundamental rights applicable to non citizens as well can also be enforced by Article 32
We know that provisions under (right to constitutional remedies) article 32 itself a FR, then why it not mentioned in a column of foreigners rights?
Aggrieved citizen meant a situation/condition where a person was not afforded certain legal rights. The fundamental rights should not only be declared, but they have to be provided, and enforced whenever they are violated. So, inorder to protect the fundamental rights, a new fundamental right known as “right to constitutional remedies” came into existence. The aggrieved citizen can approach supreme court under article 32 to claim his rights.
Yes madam, I do agree with you but my doubt regarding, is article 32 available for foreigners or not? I know articles 14,20,21,21A,22,23,24,25,26 and 28 are enforceable for both citizens & non citizens (foreigners). The fact is provisions under article 32 are itself FR. I have read in a multible articles i.e provisions under article 32 violated then aggrieved citizen can challenge in courts. “Citizen” means a person who is a native member of particular territory (country). That means article 32 is not available for foreigners. If it is available(foreigners) then why didn’t author mention in a column, which is exclusively provided by author regarding foreigners rights. (In page no. 7.4)
Lets think in this way…
Suppose you are foreigner having right to manage religious affairs (Article 26). If someone not letting you to do that, would you stay clam?
Definitely No, because you have that right and every Fundamental right is protected under Art 32 regardless there are applicable to citizen or foreigner.
Yes madam absolutely, what your saying. I also agree with your case. So we do know article 32 very heart & soul of the fundamental rights. It very important to every person though author (Laxmikant sir) did not mentioned in textbook. You can refer page no:7.4 ( a table with foreigners rights). Eventhough author mentioned all FR which are available to foreigners & citizens(both). He didn’t mention specifically article 32. So their has to be some logic behind it (about mentioning) or the print should be wrong. I think print is not wrong, why because I have read some articles (online & Laxmikant book page no.7.20). In that explanation author described “article 32 is available for aggrieved citizen”. Now point is “citizen”. It meant it available only for native members. Some confusion is over there. So need clarity either it wrongly printed or some logic behind it.
It is because article 32 is applicable for both citizens and non citizens but with few exceptions to non citizens as in column 1.Article 32 is not exclusive for only citizens but it is also not complete for non citizens.Hence it is neither added in 1st or 2 nd columns.
All , let’s think in this way…
We all aware that foreigners are also given with few of the FRs hence in case of any voilation happens under one of those articals …what is the next course of action …what resolves their issue… Whom should they approach and under which artical ??
Would it be fine if Indian judiciary doesnt give them a chance to be heard of their issues ? No right …Thats why even though it is not explicitly mentioned under the artical …they can approach the courts and resolve their issues.
I hope it gives us the straight and simple answer for the question. “YES”
!!! Corrections accepted ,if any !!!