–Contributed by Deepak Miglani

Unity in Diversity is the main feature of culture of our country. Constitution of our country  protects this unity in Diversity.  According to Article 19(1)(e) of the Constitution of India  every citizen of India has the right "to reside and settle in any part of the territory of India." State may  reasonably  impose restriction on this right by law in the interest of the general public or for the protection of the interest of any Scheduled Tribe.

The object of the clause is to remove internal barriers within India or any of its parts. The words "the territory of India" as used in this Article indicate freedom to reside anywhere and in any part of the State of India.

It is to be noted that the right to reside and right to move freely throughout the country are complementary and often go together. Therefore most of the cases considered under Article 19(1) (d) are relevant to Article 19(1) (e) also.  This right is subject to reasonable restrictions imposed by law in the interest of general public or for the protection of the interests of any Scheduled Tribes.  In Sate of U.P. vs Kaushlya  , a prostitute , under the  Suppression of Immoral Traffic in Women and Girls Act, 1956, was ordered to remove herself from the limits of a busy city or the restriction was placed on her movement and residence, it was held to be a reasonable restriction.In Chameli Singh vs State of Uttar Pradesh (1996), in which the court held that the "right to life guaranteed in any civilised society implies the right to food, water, decent environment, education, medical care and shelter". In Ahmedabad Municipal Corporation, Appellant vs Nawab Khan Gulab Khan And Others, the court went even further and ruled: "Article 19(1) (e) accords right to residence and settlement in any part of India as a fundamental right. The right to life has been assured as a basic human right under Article 21 of the Constitution of India. Article 25(1) of the Universal Declaration of Human Rights declares that everyone has the right to a standard of living adequate for the health and well-being of himself and his family; it includes food, clothing, housing, medical care and necessary social services."

In the case of a foreigner it can be restricted under the Foreigners Acts of 1964 and 1966.   The freedom of movement and residence may be curtailed and suspended during an emergency.