No Right to Residence for Foreigners Under Constitution: Delhi HC

Context: 

The Delhi High Court in a recent judgment specified that the right to reside in India under Article 19(1)(e) of the Constitution of India cannot be claimed by foreigners. 

• The judgment came on a writ petition of habeas corpus moved by a suspected Bangladeshi national claiming his detention as illegal and without authority.

Foreigners Can’t Claim Right To Reside And Settle In India; Observation By the Delhi HC: 

• Hans Muller of Nurenburg Vs. Superintendent, Presidency Jail, Calcutta of 1955:  The Supreme Court in this case observed that the power of the Indian government to expel foreigners is absolute and unlimited and there is no provision in the Constitution fettering such discretion.
• Article 21: The rights of foreigners are limited to the one declared under Article 21 of the Constitution of India i.e. Fundamental Right to Life and Liberty.

Fundamental Rights to Foreigners in Indian Constitution

Also Refer: Fundamental Rights(Article 12-35) Of Indian Constitution

Legal Rights of foreigners:

• The Registration of Foreigners Act of 1939 and the Foreigners Act of 1946 control foreigners’ admission, stay, and exit from India. These laws provide the central government powers to uphold fundamental rights for foreigners.
  • Section 3 of the Foreigners Act of 1946: It contains government regulations ranging from imposing movement restrictions to prohibiting association with persons of a prescribed or specified description to requiring foreigners to reside in a specific location.
    • It also  include provisions for house arrest, imprisonment, solitary confinement, and summary expulsion from India
  • The Passport Act of 1920 and the Foreigners Act of 1946: It allow for the expulsion or deportation of a person from India

News Source: The Indian Express