Bombay High Court’s Goa Bench Affirms: Article 14 of the Constitution Extends to Non-Citizens
The Bombay High Court’s Goa Bench, in a significant ruling, has emphasized that Article 14 of the Indian Constitution, which ensures equality before the law, is not limited to Indian citizens but also extends to non-citizens. This pivotal observation was made during the hearing of a case concerning the potential deportation of a foreign national.
Thank you for reading this post, don't forget to subscribe!Delving into the specifics of the case, the court, comprising Justices Mahesh Sonak and Bharat Deshpande, remarked
“At least a clarification could have been sought from the petitioner and upon considering the same, a decision could have been taken. This was not done. Therefore, on this short ground, we set aside the impugned deportation order.”
The statement was made in the context where the authorities had not sought any clarification from the foreign national about an alleged breach of her Visa condition.
Further elaborating on the principles of justice, the bench, in its August 7 order, underscored the importance of adhering to the tenets of natural justice and fair play. The foreign national had contended that she had not violated any of her Visa conditions. Addressing this, the Court firmly stated
“Principles of natural justice and fair play are an essential concomitant of Article 14 of the Constitution of India. This Article protects not only the citizens but also non-citizens.”
This landmark ruling by the Bombay High Court’s Goa Bench not only accentuates the broader applicability of the Constitution’s fundamental rights but also underscores the imperative of due process and fair treatment for all individuals, irrespective of their citizenship status, within the Indian territory.
