A British Citizen staying in India can not claim right to
Freedom of trade and profession
Freedom of trade and profession is available only to citizens — option 3.
The distinction the Constitution draws. Some fundamental rights are guaranteed to “any person” and therefore to foreigners as well; others are guaranteed to “all citizens” and cannot be claimed by a foreigner.
| Available to all persons, citizen or not | Article |
|---|---|
| Equality before the law and equal protection of the laws | 14 |
| Protection in respect of conviction for offences | 20 |
| Protection of life and personal liberty | 21 |
| Right to education | 21A |
| Protection against arrest and detention | 22 |
| Prohibition of traffic in human beings and forced labour | 23 |
| Prohibition of child labour in hazardous work | 24 |
| Freedom of conscience and free profession, practice and propagation of religion | 25 |
| Freedom to manage religious affairs; freedom from taxes for a religion; from religious instruction in state institutions | 26, 27, 28 |
| Available to citizens only | Article |
|---|---|
| Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth | 15 |
| Equality of opportunity in public employment | 16 |
| The six freedoms — speech and expression, assembly, association, movement, residence, and profession, occupation, trade or business | 19 |
| Protection of the interests of minorities; right of minorities to establish educational institutions | 29, 30 |
Applying it. A British citizen in India may certainly claim the protection of Articles 14, 21 and 25 — equality before the law, life and personal liberty, and freedom of religion, which are options 4, 2 and 1. The one right in the list that belongs to Article 19 is the freedom of trade and profession, and Article 19 opens with the words “All citizens shall have the right…”.
The rule to carry away : if a right is in Article 19, or in 15, 16, 29 or 30, it is for citizens alone; almost everything else in Part III is for every person.
Hence, the answer is freedom of trade and profession.
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