Question
Download Solution PDFIn the Indian Constitution the 'right to reside and settle in any part of the territory of the India' is enshrined in:
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe 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.
Last updated on Jun 19, 2025
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