The Indian Constitution makers made certain Fundamental Rights Universal and applicable to everyone irrespective of Nationality and Citizenship. These rights include:
They are given the Right to Constitutional Remedies under Article 32 of the Constitution. The same was held by The Delhi High Court in the case of Dr Christo Thomas Philip vs Union Of India & Ors (2019 SCC OnLine Del 6426).
Article 226 is available to anyone including foreigners and corporations based out of India. The conditions that need to be fulfilled are that a legal right of the complainant should have been violated by a person or an authority falling under the definition of “State” under Article 12 of the Constitution of India. However, the claim must not be based upon any right conferred exclusively to the citizens of India. This was held by the Calcutta High Court in the case of Hong Kong & Shanghai Banking v. Union of India (2012).
In Dr Christo Thomas Philip vs Union Of India & Ors (2019 SCC OnLine Del 6426), the Delhi High Court held that the Overseas Citizens of India (OCI’s), though not given the protection of Article 16 of the Constitution, are entitled to protection under Article 14 and Article 19 of the Constitution of India.
Fundamental Rights Available to All Persons Including Foreigners
The Indian Constitution deliberately uses the phrase "no person" or "any person" in certain fundamental rights provisions, rather than "no citizen" — indicating that these rights are available to all persons within India's territory, irrespective of nationality. The rights available to all persons (not limited to citizens) include:
- Article 14 — Equality before Law and Equal Protection: Applies to "any person" within India. The State cannot arbitrarily discriminate even against foreign nationals. However, classification based on citizenship for purposes of benefits is permissible and does not violate Article 14.
- Article 20 — Protection against Conviction for Ex Post Facto Laws: Applies to "any person."
- Article 21 — Protection of Life and Personal Liberty: The most important provision for NRIs, OCIs, and foreign nationals. The Supreme Court has held that Article 21 is available to every person on Indian soil, including foreign nationals. Arbitrary detention, illegal deportation, or denial of due process by any state authority can be challenged under Article 21.
- Article 22 — Protection against Arrest and Detention: The right to be informed of grounds of arrest, the right to consult an advocate, and the right not to be detained beyond 24 hours without production before a Magistrate apply to "any person."
- Article 25 — Freedom of Religion: Available to all persons.
- Article 32 and 226 — Constitutional Remedies: Any person whose legal rights have been violated by the State or a state authority can approach the Supreme Court under Article 32 or the High Court under Article 226. This right is not restricted to citizens.
Rights Available Only to Indian Citizens
By contrast, certain fundamental rights are expressly restricted to citizens of India. These include Article 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth — though in practice this is applied broadly), Article 16 (equality of opportunity in public employment), Article 19 (freedom of speech, movement, residence, profession — available only to citizens), and Article 29-30 (cultural and educational rights of minorities). An NRI who holds Indian citizenship retains all these rights even while residing abroad.
Position of NRIs and OCIs
An NRI who holds an Indian passport is an Indian citizen. They are entitled to all fundamental rights under the Indian Constitution, including the citizen-specific rights. The practical relevance of this is that an NRI who faces arbitrary action by an Indian government authority — passport impoundment without notice, inclusion in a Look Out Circular without authority, denial of government benefits without reason — can approach the appropriate High Court by way of a writ petition and the full range of fundamental rights protections is available to them.
An OCI cardholder is a foreign national and does not hold Indian citizenship. OCIs are therefore not entitled to the citizen-specific fundamental rights (such as Article 19). However, as clarified by the Delhi High Court in Dr Christo Thomas Philip v. Union of India (2019), OCIs are entitled to Article 21, Article 14, and Article 226 remedies in respect of actions taken against them by the Indian state. This includes the right to challenge arbitrary OCI card cancellation, denial of entry, or asset-related actions by Indian government authorities.
Conclusion
The scope of fundamental rights in India is broader than commonly assumed in NRI and OCI communities. Even foreign nationals on Indian territory have access to the most important protections — Article 21 (life and liberty) and Article 226 (High Court remedies). Indian citizens residing abroad retain the full complement of fundamental rights and can invoke them any time they deal with Indian governmental authorities, whether in India or through Indian consular offices abroad. Understanding this is essential for any NRI or OCI who believes that the Indian state or one of its agencies has acted unlawfully or arbitrarily against them.