High Court Affirms Limitations On Foreign Nationals’ Residency Rights In India

The High Court has ruled that a foreign national cannot assert the right to reside or settle in India under Article 19(1)(e) of the Constitution. A division bench comprising Justice Suresh Kumar Kait and Justice Manoj Jain clarified that the fundamental rights accorded to a foreigner or a suspected foreigner are confined solely to the rights to life and liberty, as enshrined in Article 21 of the Indian Constitution.

The bench emphasized that foreign nationals cannot lay claim to the right to reside and settle in India under Article 19(1)(e) of the Constitution. The fundamental rights of such individuals are singularly defined as the right to life and liberty, as articulated in Article 21 of the Constitution of India.

Referring to a 1955 Supreme Court judgment in the case of Nuremberg versus Hans Muller of Presidency Prison, Calcutta, the bench cited the apex court’s position that the Government of India possesses absolute and unlimited power to expel foreigners. It emphasized that no constitutional provision curtails this discretion.

The court dismissed the habeas corpus petition filed by the family of Azal Chakma, a suspected Bangladeshi national apprehended at Delhi’s Indira Gandhi International Airport (IGI Airport) in October 2022. Chakma was alleged to have initially entered India using a Bangladeshi passport but subsequently obtained Indian documents, including a passport, through fraudulent means. Indian authorities had revoked the passport.

According to the court, Chakma’s activities were deemed prohibited under Section 3(2)(e) of the Foreigners Act of 1946, in conjunction with Section 11(2) of the Foreigners Order of 1948. The bench was apprised that the High Commission of Bangladesh had already issued travel permit documents for Chakma’s repatriation, and deportation would occur once the authorities secured a confirmed air ticket from the Bangladesh Embassy.

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