Article 19(1)(d) and (e) of the Indian Constitution guarantees to every citizen of India right to move freely throughout the territory of India and to reside and settle in any Part of the of the Territory of India.This right is subject to reasonable restrictions imposed by law in the interest of the general public or for the protection of the interests of any Scheduled Tribes.
1) Freedom of Movement Article 19(1)(d):
Article 19(1)(d) of The Indian Constitution guarantees to all Citizens of India the Right "to move freely throughout the territory of India." This Right is, however subject to reasonable restrictions mentioned under Article 19(5). Clause (5) of Article 19 empowers the State to impose reasonable restrictions in the interest of general public or for the protection of the interest of any Scheduled Tribe.
Grounds of Restrictions:
According to clause (5) of Article 19 of Indian Constitution State may impose reasonable restrictions on the Freedom of movement on two grounds:
1) In the Interest of General Public
2) For the Protection of Scheduled Tribes
i) Kharak Singh V. State of UP AIR 1963 SC 1295, In this case, Supreme Court Held that the right to move freely throughout the territory of India means the right of locomotion which connotes the right to move wherever one likes, and however one likes.
ii) State of Uttar Pradesh Vs. Kaushalya AIR 1964 SC 416 In this Case Supreme court held that the right of movement of prostitutes may be restricted on ground of Public Health and in the interest of Public Morals.
2) Freedom of Resident Article 19(1)(e)
Article 19(1)(e) of the Indian Constitution guarantees to every citizen of India, the right "to reside and settle in any part of the territory of India". This right is subjected reasonable restrictions which may be imposed by the State, by law under clause (5) of Article 19, in the interest of the general public or for the protection of the interest of any Scheduled Tribe.
1) Freedom of Movement Article 19(1)(d):
Article 19(1)(d) of The Indian Constitution guarantees to all Citizens of India the Right "to move freely throughout the territory of India." This Right is, however subject to reasonable restrictions mentioned under Article 19(5). Clause (5) of Article 19 empowers the State to impose reasonable restrictions in the interest of general public or for the protection of the interest of any Scheduled Tribe.
Grounds of Restrictions:
According to clause (5) of Article 19 of Indian Constitution State may impose reasonable restrictions on the Freedom of movement on two grounds:
1) In the Interest of General Public
2) For the Protection of Scheduled Tribes
i) Kharak Singh V. State of UP AIR 1963 SC 1295, In this case, Supreme Court Held that the right to move freely throughout the territory of India means the right of locomotion which connotes the right to move wherever one likes, and however one likes.
ii) State of Uttar Pradesh Vs. Kaushalya AIR 1964 SC 416 In this Case Supreme court held that the right of movement of prostitutes may be restricted on ground of Public Health and in the interest of Public Morals.
2) Freedom of Resident Article 19(1)(e)
Article 19(1)(e) of the Indian Constitution guarantees to every citizen of India, the right "to reside and settle in any part of the territory of India". This right is subjected reasonable restrictions which may be imposed by the State, by law under clause (5) of Article 19, in the interest of the general public or for the protection of the interest of any Scheduled Tribe.
3) Article 19(1)(d) and Article 19(1)(e) are Complementary
It is to be noted that the right to reside [under Article 19(1)(e)] and right to move [under Article 19(1)(d)] freely throughout the Country are complementary and often go together. Most of the Cases considered under Article 19(1)(d) are relevant to Article 19(1)(e) also. The two rights, therefore, discussed together.
The Freedom of Movement and Residence apply only to citizens of India and not the Foreigners. A foreigner cannot claim the right to reside and settle in the country as guaranteed by Article Article 19(1)(e). The Government of India has The Power to expel foreigners from India.
It is to be noted that the right to reside [under Article 19(1)(e)] and right to move [under Article 19(1)(d)] freely throughout the Country are complementary and often go together. Most of the Cases considered under Article 19(1)(d) are relevant to Article 19(1)(e) also. The two rights, therefore, discussed together.
The Freedom of Movement and Residence apply only to citizens of India and not the Foreigners. A foreigner cannot claim the right to reside and settle in the country as guaranteed by Article Article 19(1)(e). The Government of India has The Power to expel foreigners from India.
See also
1) Religious freedom guaranteed under the Constitution of India (Article 25 to 28 ).
2) Freedom of Profession, Occupation, trade and business.
3) Who is Citizen of India ?
4) Attorney General of India - Art.76
5) Freedom of Profession , Occupation, Trade and Business - Article 19(1)(g) & Art 19(6)
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