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What rights do foreign nationals have in India?

25-Jun-2026
International Law

Answer By law4u team

Foreign nationals in India enjoy several legal rights, but they are more limited than the rights of Indian citizens. Under the Constitution of India, rights are classified into fundamental rights available to all persons and rights reserved only for citizens. Rights available to foreign nationals: Right to equality before law Article 14 applies to all persons, including foreigners. Protection of life and personal liberty Article 21 applies to every person in India, including foreign nationals. Protection against arbitrary arrest Foreign nationals have legal safeguards under criminal procedure laws. Right to legal remedy They can approach Indian courts, including High Courts and Supreme Court. Freedom of religion (limited) They can practice religion freely subject to public order, morality, and health. Right to property (restricted) Foreign nationals can own property in certain cases as per FEMA and other regulations. Rights NOT available to foreign nationals: Freedom of speech and expression (Article 19) in full extent Right to vote Right to hold public office Right to reside and settle freely in India as a matter of citizenship Important restrictions: Immigration laws regulate entry, stay, and exit Foreigners must comply with visa and registration rules Government can deport foreign nationals under law Important point: Foreign nationals are protected by law while in India, but their political and constitutional rights are limited compared to Indian citizens.

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