Rights of Foreign Nationals in India: Articles 14, 19 and 21 | CLAT Explainer

VIDEO EXPLAINER | 15 OCTOBER 2026

A recent case, in which police issued a departure notice to a foreign national on the basis of visa conditions, raises a basic constitutional question: which fundamental rights does a foreign national living in India actually have? The answer turns on a few words in the text of Part III of the Constitution, on two Supreme Court judgments, and on a new law, the Immigration and Foreigners Act, 2025, which has been in force since 1 September 2025.

1. “Any person” and “all citizens”: the words that decide it

Part III does not give every right to everyone. Some Articles protect “any person”, while others are limited to “all citizens”. Article 14 says the State shall not deny to any person equality before the law or the equal protection of the laws. Article 21 says no person shall be deprived of his life or personal liberty except according to procedure established by law. Because both use the word “person”, both protect foreigners as well as citizens.

Article 19(1) is different. It begins “All citizens shall have the right…”, and its freedoms include freedom of speech and expression (Article 19(1)(a)), the right to move freely throughout India (19(1)(d)) and the right to reside and settle in any part of India (19(1)(e)). These freedoms belong only to Indian citizens. A foreign national cannot claim them as fundamental rights.

2. Louis De Raedt v. Union of India (1991)

In Louis De Raedt v. Union of India, (1991) 3 SCC 554, decided on 24 July 1991 by a bench of Justices L.M. Sharma and J.S. Verma, the Supreme Court made the principle clear. A foreigner’s fundamental right is confined to Article 21, the protection of life and personal liberty, and does not include the right to reside and settle in India, which Article 19(1)(e) gives only to citizens. Following its earlier decision in Hans Muller of Nuremberg (1955), the Court also held that the Union Government’s power to expel a foreigner is unrestricted.

3. NHRC v. State of Arunachal Pradesh (1996)

The protection that Article 21 gives is real, and the State must act to secure it. In National Human Rights Commission v. State of Arunachal Pradesh, (1996) 1 SCC 742, decided on 9 January 1996 by a bench led by Chief Justice A.M. Ahmadi, the Supreme Court protected Chakma refugees living in Arunachal Pradesh. The Court held that “the State is bound to protect the life and liberty of every human-being, be he a citizen or otherwise”. In other words, Article 21 is not only a limit on the State; it imposes a duty on the State to protect every human being within its territory.

4. The new law: Immigration and Foreigners Act, 2025

The entry, stay and exit of foreigners is governed by statute. The Immigration and Foreigners Act, 2025 (Act 13 of 2025) was passed by Parliament on 2 April 2025, received the President’s assent on 4 April 2025, and came into force on 1 September 2025, when the Ministry of Home Affairs notified it along with the Immigration and Foreigners Rules, 2025.

The Act consolidated the law into one statute. It repealed four older laws: the Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, the Foreigners Act, 1946 and the Immigration (Carriers’ Liability) Act, 2000.

5. Visa: a privilege, not a right

Within this framework, a visa is a privilege, not a right. Because a foreigner has no fundamental right to reside and settle in India (De Raedt), and because the Government’s power to expel is unrestricted, the Government can direct a foreigner who breaks the conditions of entry or stay to leave India. What the foreigner keeps is the protection of Articles 14 and 21: equal treatment under the law, and no deprivation of life or personal liberty except according to procedure established by law.

Sources

Constitution of India, Articles 14, 19 and 21 (India Code); Supreme Court judgments in Louis De Raedt v. Union of India (1991) 3 SCC 554 and National Human Rights Commission v. State of Arunachal Pradesh (1996) 1 SCC 742; Immigration and Foreigners Act, 2025 (Act 13 of 2025) and its commencement notification of 31 August 2025, as reported by SCC Online and PRS Legislative Research.