Another critical and often ignored aspect is the applicability of fundamental rights under Part III to non-citizens. It may be noted that fundamental rights are available only to “citizens”, with the said word being used in every Article expect Article 14 and Article 21. The said articles use the word “person” instead of citizens. This conspicuous use has led to numerous arguments of Article 14 and Article 21 being available, in their vast totality, even to foreigners/illegal migrants. The constituent assembly debates are silent on the said usage and therefore, the said usage seems to be more incidental than indicative of any constituent intent. The Supreme Court has never directly adjudicated the issue but has however held that ‘the fundamental right of the foreigner is confined to Article 21 for life and liberty and does not include the right to reside and settle in this country, as mentioned in Article 19(1)(e), which is applicable only to the citizens of this country’[7].The Supreme Court has also noted that the machinery of Article 14 cannot be invoked to obtain the fundamental right to reside in the country.[8] While upholding the Foreigners Act, the Supreme Court has held that the Central Government has absolute and unfettered discretion to expel foreigners from India and as there is no provision fettering this discretion in the Constitution, the unrestricted right to expel remains.[9]