Freedom of residence, profession, etc.
Q. Which of the following is/are true?
1) The right of outsiders to reside and settle in tribal areas is restricted.
2) No objection can be made when the State carries on a trade, business, etc. as a monopoly.- Published on 21 Feb 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Both 1 and 2
- Freedom of Residence - Every citizen has the right to reside and settle in any part of the territory of the country.
This right has two parts :
1. the right to reside in any part of the country, which means to stay at any place temporarily, and
2. the right to settle in any part of the country, which means to set up a home or domicile at any place permanently.
- This right is intended to remove internal barriers within the country or between any of its parts.
- This promotes nationalism and avoids narrow mindedness.
- The State can impose reasonable restrictions on the exercise of this right on two grounds, namely, the interest of general public and the protection of interests of any scheduled tribes.
- The right of outsiders to reside and settle in tribal areas is restricted to protect the distinctive culture, language, customs and manners of scheduled tribes and to safeguard their traditional vocation and properties against exploitation.
- In many parts of the country, the tribals have been permitted to regulate their property rights in accordance with their customary rules and laws.
- The Supreme Court held that certain areas can be banned for certain kinds of persons like prostitutes and habitual offenders.
- From the above, it is clear that the right to residence and the right to movement are overlapping to some extent.
- Both are complementary to each other.
- Freedom of Profession, etc. - All citizens are given the right to practice any profession or to carry on any occupation, trade or business.
- This right is very wide as it covers all the means of earning one’s livelihood.
- The State can impose reasonable restrictions on the exercise of this right in the interest of the general public.
Further, the State is empowered to -
1. prescribe professional or technical qualifications necessary for practicing any profession or carrying on any occupation, trade or business; and
2. carry on by itself any trade, business, industry or service whether to the exclusion (complete or partial) of citizens or otherwise.
- Thus, no objection can be made when the State carries on a trade, business, industry or service either as a monopoly (complete or partial) to the exclusion of citizens (all or some only) or in competition with any citizen.
- The State is not required to justify its monopoly.
- This right does not include the right to carry on a profession or business or trade or occupation that is immoral (trafficking in women or children) or dangerous (harmful drugs or explosives, etc,).
- The State can absolutely prohibit these or regulate them through licensing.
