Question

Which of the following can claim Article 19 of Constitution

• A. A company
• B. A corporation
• C. Only citizens
• D. Citizens and aliens

Hint:

It is crucial to distinguish between fundamental rights available to everyone (e.g., Arts 14, 21) and those available only to citizens (e.g., Arts 15, 16, 19). The text of the Article itself often provides the clue (e.g., "All citizens shall have...").

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks who is entitled to claim the fundamental rights guaranteed under Article 19 of the Constitution of India.

Step 2: Detailed Explanation:
Article 19(1) of the Constitution begins with the words: "All citizens shall have the right...". This phrasing makes it explicit that the six freedoms guaranteed under Article 19 (freedom of speech and expression, assembly, association, movement, residence, and profession) are available only to the citizens of India.
- (D) Citizens and aliens: This is incorrect. Foreigners (aliens) are not entitled to the rights under Article 19, although they are entitled to other fundamental rights like the Right to Life (Article 21) and Right to Equality (Article 14).
- (A) A company and (B) A corporation: The Supreme Court has held in cases like State Trading Corporation of India Ltd. v. CTO that a corporation or a company is a legal person but not a 'citizen' for the purposes of Article 19. Therefore, a company cannot directly claim these rights, though its shareholders (if they are citizens) can.
Thus, the rights under Article 19 are exclusively for citizens.

Step 3: Final Answer:
Only citizens of India can claim the rights guaranteed under Article 19 of the Constitution.