In the Indian Constitution the 'right to reside and settle in any part of the territory of the India' is enshrined in:

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UP Police SI (दरोगा) Official PYP (Held On: 15 Nov 2021 Shift 1)
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  1. Article 25
  2. Article 19
  3. Article 33
  4. Article 9

Answer (Detailed Solution Below)

Option 2 : Article 19
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Detailed Solution

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The correct answer is Article 19.

Key Points

  • Article 19 of the Indian Constitution guarantees certain fundamental rights related to freedom to citizens of India.
  • The specific provision for the right to reside and settle in any part of the territory of India is covered under Article 19(1)(e).
  • These rights are subject to reasonable restrictions imposed by the state for public interest, security, or order.
  • Article 19 ensures that citizens have the freedom to move freely, reside, and settle anywhere, fostering unity and integration in the nation.
  • The rights under Article 19(1) are available only to Indian citizens and not to foreigners.

Additional Information

  • Fundamental Rights:
    • Fundamental Rights are enshrined in Part III of the Indian Constitution from Articles 12 to 35.
    • They guarantee essential freedoms to citizens and protect them against arbitrary actions of the state.
    • These rights are enforceable by the courts of law.
    • They include rights such as equality, freedom, protection against exploitation, religious freedom, cultural and educational rights, and constitutional remedies.
  • Reasonable Restrictions:
    • The freedoms provided under Article 19 can be restricted under specific conditions defined by the Constitution.
    • Such restrictions are imposed in the interest of sovereignty, integrity, security, public order, morality, or health.
    • For example, the right to reside and settle can be restricted in areas like Jammu and Kashmir or Scheduled Tribal Areas for protection of indigenous communities.
  • Other Sub-Clauses of Article 19:
    • Article 19(1)(a): Freedom of speech and expression.
    • Article 19(1)(b): Freedom to assemble peacefully without arms.
    • Article 19(1)(c): Freedom to form associations or unions.
    • Article 19(1)(g): Freedom to practice any profession or to carry on any occupation, trade, or business.
  • Special Provisions:
    • In case of emergencies, certain rights under Article 19 may be suspended temporarily.
    • For instance, during a proclamation of Emergency under Article 352.
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