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Which Fundamental rights are available to only citizens

Every country has its own set of rights for its citizens. In India, all citizens have several fundamental rights guaranteed by the Indian constitution. The citizens enjoy fundamental rights such as freedom of speech, right to life and liberty, right to equality, equal protection of the law, freedom of religion, and many other rights. India has many fundamental rights that limit the state’s power, and these aren’t given to its citizens in any other nation worldwide.

How do Fundamental Rights Limit the Power of the State?

Fundamental rights protect us from any act done by our governments. The fundamental rights are so-called as they lay down basic principles that were sought to be established in our constitution to secure recognition for citizens.

In other words, there is an inherent obligation upon every government to refrain from interfering with these rights and take positive actions so that this basic freedom achieves actual substance and becomes a practical reality. It is not enough if there is no violation of these rights; it must be ensured that there should be no possibility of such breach at all.

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The Distinction Between Fundamental Rights: Citizen vs Non-citizen

The distinction between these two categories of rights is important because it often determines whether you can enforce your fundamental rights or not. In India, most rights are available to every resident. These are known as fundamental rights. However, there are also a few rights which apply only to citizens. These are called citizenship rights.

For example, the right to vote is a citizenship right and cannot be exercised by non-citizens living in India unless they have acquired citizenship through naturalisation. Similarly, certain property rights may be limited for non-citizens.

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What Are the Fundamental Rights Available Only to the Citizens of India?

The Constitution of India was established in 1950 and contained various rights available to all citizens of the country. However, there are only a few fundamental rights available only to the citizens of India, unlike the rights that are available to all citizens and foreigners.

Below, we will explore those fundamental rights, as outlined in the Constitution of India, so that you can protect yourself and your family from unlawful actions by the government or other individuals.

  • Article 15 – Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth: The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. They shall have access to shops, hotels, or the use of wells, bathing ghats, and any other places of public resort dedicated to the use of all citizens maintained wholly or partly out of State funds.
  • Article 16 – Equality of opportunity in matters of public employment: All citizens shall be eligible for any work in any office under the State without consideration of grounds that they belong. Thus, ensuring equal opportunity to all citizens irrespective of their backgrounds like religion, race, caste, etc. 
  • Article 19 – Protection of Six Fundamental Rights: The Constitution guarantees all the citizens the six freedom of rights before enacting any new legislation. They are:
  • Freedom of speech and expression.
  • Freedom to assemble peacefully without arms.
  • Freedom to form associations or unions.
  • Right to reside and settle in any part of India.
  • Right to move freely throughout India subject to any reasonable restrictions imposed by law in national security interests.
  • Right to carry on any profession, occupation, trade or business.
  • Article 29 – Protection of language, script and culture of minorities: The Constitution has a special provision for the protection of religion, language, script or culture of any section of citizens or for securing due recognition and respect for such religion, language, script or culture.
  • Articles 30 – Right of minorities to establish and administer educational institutions: All minorities shall have the right to equal status to establish educational institutions of their choice. They shall be equally entitled to freedom of conscience and freely to profess, practice and propagate religion to preserve their culture.

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Conclusion

The Indian Constitution is the foremost and longest constitution in the world which grants fundamental rights that limit the power of the state. Indian citizens have many rights, including life, freedom and equality. The citizens enjoy freedom from exploitation by their employers and freedom from discrimination based on gender, age, caste or religion.

The constitution establishes a democratic form of government with a parliamentary system and the protection of fundamental rights. Furthermore, these rights are generally non-negotiable, meaning that the government can’t take them away. In any case, they cannot be repealed or suspended even during a state emergency.

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Frequently asked questions

Get answers to the most common queries related to the UPSC Examination Preparation.

Are fundamental rights available to foreigners?

Ans. Yes. The foreigners have access to the fundamental rights except for some, who aren’t granted any ...Read full

How many fundamental rights are given to Indian citizens?

Ans.Six fundamental rights are guaranteed to every Indian citizen. ...Read full

What is the difference between fundamental rights and duties?

Ans.When the Constitution of a country guarantees basic human rights to its citizens, they are called fundamental ri...Read full

What's the difference between fundamental rights and human rights?

Ans. Human rights are those basic rights that every human being is entitled to individually. They’re given to ...Read full