Fundamental Right to Reside
Context: Justice Dipankar Datta agreed with Mr. Mehta’s submissions that though right to life and due process (Article 21) and the right to equality (Article 14) of the Constitution were available to all, the fundamental right to reside or settle in any part of India under Article 19(1)(e) was only available to Indian citizens.
Important Pointers:
Article 19(1)(e): Right to Reside and Settle:
► Grants every Indian citizen the right “to reside and settle in any part of the territory of India”. ► Aims to eliminate internal barriers, promoting national unity and integration.
Reasonable Restrictions (Article 19(5)):
► The State may impose restrictions in the interest of:
The general public (e.g., public order, health, or morals)
The protection of Scheduled Tribes (to safeguard their culture and interests). Example: Restrictions on outsiders entering tribal areas.
Applicability:
► Available only to Indian citizens. ► Not applicable to foreigners or legal entities (like companies).
Notable Judicial Interpretations:
► Kharak Singh v. State of U.P. (1963): Surveillance and police domiciliary visits violated free movement. ► Dr. N.B. Khare v. State of Delhi (1950): Restrictions on residence for security reasons upheld.