The Delhi High Court recently held that a foreigner cannot claim the right to reside in India under Article 19(1)(e) of the Constitution, emphasizing that this right is exclusive to Indian citizens.
Right to Reside-Article 19(1)(e):
- Article 19(1)(e) states that all citizens shall have the right to reside and settle in any part of the territory of India.
- In the case of U.P. Avas Evam Vikas Parishad v. Friends Co-op. Housing Society Ltd. (1995), the Supreme Court held that the right to residence under Article 19(1)(e) includes the right to shelter and the construction of houses for that purpose.
Reasonable restrictions on right to residence:
- As per Article 19(5), the right to residence could be restricted on the following grounds:
- Interests of the general public
- For the protection of the interests of any scheduled tribe
Ref: Source
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