Report No. 101

Chapter 3

The Present Position

3.1. Present position under Article 19 of the Constitution.-

The present position as to the applications of Article 19 of the Constitution to various categories of persons may be stated in the form of propositions, as under:-

(1) Article 19 of the Constitution being confined to citizens, foreigners cannot claim any right thereunder1.

(2) A corporation cannot claim citizenship2, and cannot therefore claim any right3 under Article 19, as it stands at present.

(3) This is so, even though the corporation is a company whose shareholders are citizens of India4. (In a recent judgment, the position has been described as "nebulous")5.

(4) But the share-holders of a company can challenge the constitutional validity of a law on the ground of infringement of Article 19, if their own rights are infringed6, and in such a proceeding the company may be joined as a party7.

1. Anwar v. State of Jammu and Kashmir, AIR 1971 SC 337 (338).

2. (a) Barium Chemicals v. Company Law Board, AIR 1967 SC 295. (b)Tata Engineering Co. v. State of Bihar, AIR 1965 SC 40 (48): (1964) 6 SCR 85. (c) S.T.C. v. C.T.O., (1964) 4 SCR 99: AIR 1963 SC 1811.

3. Amritsar Municipality v. State of Punjab, AIR 1965 SC 1100 (1106).

4. (a) Barium Chemicals v. Company Law Board, AIR 1967 SC 295 (305). (b)Tata Engineering Co. v. State of Bihar, AIR 1965 SC 40 (48): (1964) 6 SC.: 85.

5. Para. 3.6, infra.

6. R.C. Cooper v. Union of India, (1970) 3 SCR 53(): AIR 1970 SC 564.

7. Bennet Coleman v. Union of India, AIR 1973 SC 106: 1973 (2) SCR 757.