All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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16.

Which of the following is a fundamental right that a foreign national residing in India enjoys ?

A: The right to assemble peaceably and without arms.
B: The right to carry on a business.
C: The right to move freely throughout the territory of India.
D: The right against deprivation of personal liberty.
E: The right to reside in any part of India.

The answer is: D

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Explanation

The correct option is D: The right against deprivation of personal liberty

Here is the explanation:

  • According to the Constitution of India, some fundamental rights are available only to citizens and not to foreigners, while some are available to both citizens and foreigners (except enemy aliens).
  • The right to assemble peaceably and without arms, the right to carry on a business, the right to move freely throughout the territory of India, and the right to reside in any part of India are all part of Article 19, which deals with the protection of six rights regarding freedom of speech and expression, assembly, association, movement, residence and profession. Article 19 is restricted to citizens only and does not apply to foreigners.
  • The right against deprivation of personal liberty is part of Article 21, which mandates that "no person shall be deprived of his life or personal liberty except according to procedure established by law" and is applicable to citizens and non-citizens alike¹². This right includes the right to a fair trial, the right to legal aid, the right to privacy, the right to health, etc. Therefore, a foreign national residing in India enjoys this right under Article 21.