Freedom of residence
Also called: Article 19(1)(e) · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Class 11, Ch 2 "Rights in the Indian Constitution"
Meaning
Freedom of residence is the right of every citizen to live and settle in any part of India. It comes from Article 19(1)(e) and belongs only to citizens. Together with freedom of movement, it treats India as one home for all its citizens. The State may place reasonable restrictions on it, meaning limits that courts check for fairness. These limits may be in the interest of the general public or to protect Scheduled Tribes.
Example
Tribal land laws stop outsiders from buying land and settling in some Scheduled Tribe areas, so tribal people do not lose their land and way of life. Class 7 NCERT discusses the Dongria Kondh to show why such protection matters.
Don't confuse with
- Freedom of movement (Art. 19(1)(d)): this is only the right to travel freely across India. Residence is the right to stay and make a home there.
Related concepts
- Freedom of assembly
- Right to protest
- Prohibitory order
- Freedom of association
- Right to strike
- Freedom of movement
- Freedom of profession
- Anuradha Bhasin case
- Right to access the internet
- Doctrine of proportionality