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Part VII Rights—Substance and Content, Ch.47 Movement and Residence

Anirudh Burman

From: The Oxford Handbook of the Indian Constitution

Edited By: Sujit Choudhry, Madhav Khosla, Pratap Bhanu Mehta

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 February 2024

This chapter examines the relevant provisions of the Indian Constitution with respect to rights to free movement and residence. It considers the debate over restrictions to free movement and residence that may be imposed to preserve law and order, as well as the balance between laws in public employment and education that discriminate against non-residents and curtail the rights of movement and residence. In particular, it discusses three broad classifications of the judicial approach to free movement and residence. It also tackles the question of whether the Constitution effectively enables a principle of sub-citizenship, and whether or not it enables a labour market at the national level.

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