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:

Remember the fundamental rights that are exclusive to citizens: Articles 15, 16, 19, 29, and 30. Rights like Articles 14, 20, 21, and 25 are available to all persons, including aliens. This is a frequently tested distinction.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The Constitution of India distinguishes between rights available to all persons (citizens and non-citizens) and rights available exclusively to citizens.

Step 2: Detailed Explanation:
Article 19 of the Constitution begins with the phrase: "All citizens shall have the right..." This wording makes it explicit that the six freedoms guaranteed under Article 19 (freedom of speech, assembly, association, movement, residence, and profession) are available only to the citizens of India.
- Aliens (non-citizens) cannot claim these rights, although they are entitled to other fundamental rights like the Right to Life (Article 21) and Right to Equality (Article 14).
- The Supreme Court has also held in several cases, such as State Trading Corporation of India Ltd. v. CTO, that legal persons like companies and corporations are not "citizens" for the purpose of Article 19 and therefore cannot claim these rights directly.

Step 3: Final Answer:
The rights guaranteed under Article 19 of the Constitution are available exclusively to citizens.