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Article 21 applies to everyone within the jurisdiction of India, including foreigners. It guarantees the right to life and personal liberty, which extends beyond Indian citizens to all persons within Indian territory, as supported by references to various judgments emphasizing the broad scope of Article 21 ["Ashwani Sharad Pendese, W/o. Shri Manohar Tej VS Registrar of Hindu Marriage, Nagar Nigam, Ajmer (Raj. ) - 2023 0 Supreme(Raj) 1374"].
The protection under Article 21 is not limited to citizens alone but extends to foreigners present in India. For example, the case discussing the entitlement to dignity and protection under Article 21 explicitly states that its scope extends to the whole of India, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories ["Ashwani Sharad Pendese, W/o. Shri Manohar Tej VS Registrar of Hindu Marriage, Nagar Nigam, Ajmer (Raj. ) - 2023 0 Supreme(Raj) 1374"].
Legal interpretations affirm that Article 21’s protections are inclusive of foreigners and non-citizens within Indian borders. The courts have recognized that fundamental rights, including those under Article 21, extend to all persons present in India, regardless of nationality, as seen in various judgments and legal analyses ["Ashwani Sharad Pendese, W/o. Shri Manohar Tej VS Registrar of Hindu Marriage, Nagar Nigam, Ajmer (Raj. ) - 2023 0 Supreme(Raj) 1374"].
In the context of laws and statutes, the applicability of constitutional provisions like Article 21 to foreigners is upheld, reinforcing the principle that fundamental rights are available to everyone within Indian territory. This is consistent with the constitutional mandate that fundamental rights are not solely for citizens but for all persons in India ["Ashwani Sharad Pendese, W/o. Shri Manohar Tej VS Registrar of Hindu Marriage, Nagar Nigam, Ajmer (Raj. ) - 2023 0 Supreme(Raj) 1374"].
Analysis and Conclusion:Based on the provided sources, Article 21 of the Indian Constitution explicitly applies to everyone within Indian jurisdiction, including foreigners. The courts have consistently interpreted this article as offering protection to all persons, not just Indian citizens, thereby extending its scope to foreigners present in India. This broad interpretation ensures that the fundamental right to life and personal liberty is guaranteed universally within Indian territory, regardless of nationality ["Ashwani Sharad Pendese, W/o. Shri Manohar Tej VS Registrar of Hindu Marriage, Nagar Nigam, Ajmer (Raj. ) - 2023 0 Supreme(Raj) 1374"].
References:["Ashwani Sharad Pendese, W/o. Shri Manohar Tej VS Registrar of Hindu Marriage, Nagar Nigam, Ajmer (Raj. ) - 2023 0 Supreme(Raj) 1374"]
In a diverse nation like India, fundamental rights form the bedrock of justice and equality. A common question arises: Does Article 21 of the Constitution apply to everyone, extending to foreigners? This provision, guaranteeing no person shall be deprived of life or personal liberty except by procedure established by law, is pivotal. While some rights are citizen-exclusive, Article 21's broad language suggests universal protection. This post delves into Supreme Court interpretations, key precedents, and limitations, drawing from judicial documents to clarify its scope.
Note: This article provides general information based on legal precedents and is not legal advice. Consult a qualified lawyer for specific cases.
Article 21 states: No person shall be deprived of his life or personal liberty except according to procedure established by law. A. K. Gopalan VS State Of Madras - 1950 0 Supreme(SC) 19 This phrasing uses person, not citizen, distinguishing it from provisions like Article 19. As noted, article 19 confers the rights therein specified only on the citizens of India, while article 21 extends the protection of life and personal liberty to all persons citizens and non-citizens alike. A. K. Gopalan VS State Of Madras - 1950 0 Supreme(SC) 19
Similarly, the protection of life and personal liberty under Art. 21... are the fundamental rights which are available to any person irrespective of whether he is a citizen of India or an alien. State Trading Corporation of India LTD. VS Commercial Tax Officers - 2006 0 Supreme(SC) 119 This textual distinction ensures Article 21's inclusivity.
Indian courts have consistently affirmed Article 21's application to foreigners lawfully present in India. In landmark views, the fundamental right of a foreigner is confined to Article 21 for life and liberty and does not include the right to reside and stay in this country. Sarbananda Sonowal VS Union of India - 2005 5 Supreme 10 (Referencing the Louis De Raedt case).
Multiple rulings reinforce this:- Articles 14, 20 and 21 of the Constitution are available to non-citizens also. Our Constitution commands that foreign nationals coming here shall not be discriminated. They will have to be treated equally before the law, and their right to live will have to be honoured and protected. Sandipkumar Ramdas Prabhu VS State of Gujarat - Crimes (2024)JONATHAN BAUD VS STATE OF KERALA - 2014 0 Supreme(Ker) 753Viral Jayantilal Parikh VS State of Gujarat - 2017 0 Supreme(Guj) 944Phanugorn Poo-IM VS State of Gujarat - 2017 0 Supreme(Guj) 801- Article 21 of the Constitution of India is applicable to a foreigner as well, as long as the foreigner concerned continues to stay in India. Kamil Siedczynski VS Union Of India - 2020 0 Supreme(Cal) 191- Article 21 is person centric: Article 14 directs that no person shall be denied equality before the law. Article 21 directs that no person shall be deprived of his life or personal liberty. Xiaomi Technology India Private Limited VS Union of India through the Ministry of Finance Government of India - 2023 0 Supreme(Kar) 226
These holdings align with international norms, noting Articles 14, 20, and 21 echo Articles 3, 7, and 9 of the Universal Declaration of Human Rights. Chairman, Railway Board VS Chandrima Das - 2000 1 Supreme 265
Unlike Articles 15, 16, 19, 29, and 30 (explicitly for citizens), Article 21 uses no person. Freedom under Article 19 applies only to citizens of this country and not to any outsider. Xiaomi Technology India Private Limited VS Union of India through the Ministry of Finance Government of India - 2023 0 Supreme(Kar) 226 Foreigners lack residence rights under Article 19(1)(e) but retain life and liberty safeguards. Sarbananda Sonowal VS Union of India - 2005 5 Supreme 10Chairman, Railway Board VS Chandrima Das - 2000 1 Supreme 265
Articles 14, 20-22 form a protective cluster for all persons, available to non-citizens except possibly enemy aliens. Ashwani Sharad Pendese, W/o. Shri Manohar Tej VS Registrar of Hindu Marriage, Nagar Nigam, Ajmer (Raj. ) - 2023 0 Supreme(Raj) 1374
While broad, Article 21 has boundaries:- No right to reside: Foreigners cannot claim indefinite stay; deportation power is absolute, but protections apply during presence. Sarbananda Sonowal VS Union of India - 2005 5 Supreme 10Kamil Siedczynski VS Union Of India - 2020 0 Supreme(Cal) 191- Enemy aliens: May be excluded. Ashwani Sharad Pendese, W/o. Shri Manohar Tej VS Registrar of Hindu Marriage, Nagar Nigam, Ajmer (Raj. ) - 2023 0 Supreme(Raj) 1374- Procedure required: Deprivation must follow procedure established by law, with fairness. Chairman, Railway Board VS Chandrima Das - 2000 1 Supreme 265
Article 21's reach extends beyond immigration to everyday protections for non-citizens. For instance, in public health crises, courts have invoked it for foreigners violating visa conditions during lockdowns, emphasizing deportation over prolonged detention amid risks. Md Kameual Islam VS State, rep. by the Inspector of Police, Dindigul Town South Police Station, Dindigul - 2020 Supreme(Mad) 387 The court noted, Article 21 of the Constitution surely applies to the petitioners also, facilitating their return.
In custody matters, even majors (including potential non-citizens) cannot be detained against their will without legal authority, underscoring personal liberty. Manju VS State of Rajasthan - 1997 Supreme(Raj) 1490 Article 21 of the Constitution applies to minors as well as to majors.
Environmental rights also invoke Article 21 universally: State and municipal bodies must provide clean water, as it attracts the provisions of Article 21 of the Constitution. Gautam Uzir VS Guwahati Municipal Corporation and Ors. - 1999 Supreme(Gau) 260 This duty binds authorities toward all residents, citizen or not.
Other contexts, like consumer rights, expand Article 21 to include information disclosure for beliefs, applicable to foreigners shopping or residing in India. OZAIRHUSAIN VS UNION OF INDIA - 2002 Supreme(Del) 1697 Preventive detention under Article 22 may limit Article 21 but with safeguards. Sarabjeet Singh Kalsi VS State of Punjab - 2023 Supreme(P&H) 3094
Though tangential, family law cases highlight constitutional interplay; e.g., marriage acts apply across domiciles without nationality bars, indirectly supporting equal treatment. Shashi Leekha VS Sheila Shashi Leekha - 2012 Supreme(Bom) 1328Shashi Leekha S/o. Shubhash Chander Leekha S/o. Shubhash Chander Leekha VS Sheila Shashi Leekha - 2012 Supreme(Bom) 1331
In summary, Supreme Court precedents confirm: Article 21 of the Constitution of India applies to everyone, including foreigners and non-citizens, protecting their right to life and personal liberty while present in India. This fosters a rights-based framework aligned with global standards.
For tailored advice, especially in immigration or liberty matters, seek professional legal counsel.
article 58 of the Constitution for election as President, (c) under article 66 of the Constitution for election as Vice-President, (d) under article 124 of the Constitution for appointment as judge of the Supreme Court, (e) under article ... (2) It extends to the whole of India and applies also to citizens of India domiciled in the territories to which this Act extends who are in the State of Jammu and Kashmir. ......
She was entitled to be treated with dignity and was also entitled to the protection of her person as guaranteed under Article 21 of the Constitution. ... (2) It extends to the whole of India, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories. 2. ... Except for the rights protected by Article 20 and 21 of the Indian Constitution, the rest rights can be suspended du....
Accordingly, we set aside the order dated 25.05.2016 and remand the matter back to the Foreingers Tribunal-1, Karimganj. Petitioner shall appear before the Foreigners Tribunal-1, Karimganj in connection with FT Case No. 608/2007 on 21.03.2018 at 10:30 a.m. ... By filing this petition under Article 226 of the Constitution of India petitioner seeks quashing of order dated 25.05.2016 passed by the Foreigners Tribunal-1, Karimganj in FT Case No. 608/2007 (State vs Smt.
Secondly, a constitution, being a living piece of legislation, its provisions must be construed broadly and not in a pedantic way — "with less rigidity and more generosity than other Acts" (see Minister of Home Affairs v. Fisher [1979] 3 All ER 21). ... [27] A construction of s 1(e) that adopts the Expanded Meaning and extends beyond the factual confines of CCH would undermine the essential framework of the Federal Constitution, which deliberately merges jus soli and jus sanguinis principles, and ... [4] Arti....
The counsel for the respondent had contended that, if Section 21 of the State Act was to be interpreted in the manner done by the Jammu and Kashmir High Court, in that case, the Court may have to examine whether Section 21 of the State Act is ultra vires Article 14 of the Constitution, because it would ... Therefore, there can be no inconsistency in the two enactments, and even if there was to be any inconsistency, the argument regarding Article 254 of the Constitution would be unavail....
The counsel for the respondent had contended that, if Section 21 of the State Act was to be interpreted in the manner done by the Jammu and Kashmir High Court, in that case, the Court may have to examine whether Section 21 of the State Act is ultra vires Article 14 of the Constitution, because it would ... Therefore, there can be no inconsistency in the two enactments, and even if there was to be any inconsistency, the argument regarding Article 254 of the Constitution would be unavail....
Therefore, Article 8, as opposed to Articles 5 and 6, applies even after the commencement of the Constitution. ... Article 6 will have no application as it applies to persons who have migrated to India from Pakistan. Article 7 deals with the rights of the citizenship of certain migrants to Pakistan. 15. Now, let us analyse Article 8. ... The learned senior counsel invited our attention to Articles 5 and 6 of the Constitution, which specifically use t....
Article 73 of the Constitution reads as under : (1) Subject to the provisions of this constitution, the executive power of the Union shall extend (a) to the matters with respect to which Parliament has power to make laws; and p align="justify ... In view of the proviso to Article 73 read with Entry 1 of the Concurrent List, it is clear that it is the executive power of the State which extends to matters relating to Prevention of Corruption Act, especially in view of the fact that the accused is a publi....
The Court of Appeal in Pang Wee See stated as follows: [21] We must state here that the law on citizenship is contained, both procedurally and substantively in the Federal Constitution itself. ... [21] Lastly, not the least important is the principle stated in art 31 itself. This provision speaks of the applicability of the provisions of Part III of the Second Schedule to the citizenship articles in Part III of the Federal Constitution. ... Article 14(1)(b) Read With s 1(e) Of Part II [30] It was pl....
Demonising Article 22 of the Constitution is also not going to remove the eclipse which this Article casts over the right guaranteed by Article 21 of the Constitution. ... Such is the scope of curtailment of liberty of a person by Article 22 of the Constitution that Article 22 of the Constitution is rendered as an eclipse on the right to life and liberty guaranteed by Article 21 ....
Failure to respond to the petitioners' existential horror would amount to judicial abdication. Article 21 of the Constitution surely applies to the petitioners also. But there are provisions transcending this distinction, being applicable to “all persons”. If I come to the conclusion that the petitioners have already suffered enough and that they are being put to “surplus or unnecessary suffering”, I am obliged to intervene.
No person shall be deprived of his life or personal liberty except according to procedure established by law." (5) Nothing in this Article or in sub-clause (g) of clause (1) of Art. 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes insofar as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational ins....
It seems to us that freedom to hold opinions, ideas, beliefs and freedom of thought, etc. , which is also enshrined in Preamble to the constitution, is part of freedom of speech and expression. Expressions right to life and personal liberty are compendious terms which include within themselves variety of rights and attributes. Some of them are also found in Article 19 and thus have two sources at the same time (see Kharak Singh v. State of U. P. , AIR 1963 S. C. 1295 ). Consideration of the question with reference to Article 21 of the Constitution: ( 16 ) ARTICLE 21 enshries righ....
Needless to observe that it attracts the provisions of Article 21 of the Constitution. Hence, heavy responsibility is also laid on the State Govt in this regard, apart from the Municipal Corporation. We feel that before making huge projects of hundreds of crores of rupees and approaching different bodies and Govts, including Japan, France and the World Bank, some genuine effort should have been made by the Corporation itself or the State Govt to mitigate this malady as far as it could be possible within its means.
Article 21 of the Constitution applies to minors as well as to majors. It is true that every person, by virtue of the provisions contained in Art. 21 of the Constitution is entitled to insist that his/her personal liberty should not be curtailed otherwise than in accordance with the procedure established by law. In view of Art. 21 of the Constitution, if any public authority intends to deprive any person, male or female of his/her personal liberty, it must be shown that there is a law in force authorising such curtailment of personal liberty and the conditions laid down for....
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