Right Not To Be Deported Is Ancillary To A Fundamental Right Available Only To Indian Citizens

Case: Mohammad Salimullah Vs. Union Of India

Coram: CJI SA Bobde , AS Bopanna and V. Ramasubramanian

Case No: [IA 38048 OF 2021 in WPC 793 OF 2017]

Court Observation: “It is also true that the rights guaranteed under Articles 14 and 21 are available to all persons who may or may not be citizens. But the right not to be deported, is ancillary or concomitant to the right to reside or settle in any part of the territory of India guaranteed under Article 19(1)(e)”

“There is no denial of the fact that India is not a signatory to the Refugee Convention. Therefore, serious objections are raised, whether Article 51(c) of the Constitution can be pressed into service, unless India is a party to or ratified a convention. But there is no doubt that the National Courts can draw inspiration from International Conventions/Treaties, so long as they are not in conflict with the municipal law,” the court observed.

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Keywords

Indian Citizens, Fundamental Right