The Supreme Court bench observed that under the Indian Constitution, there is only one domicile that is domicile of the country and there is no separate domicile for a state.

The bench was hearing an appeal filed by state of Telangana against a High Court decision upholding an Animal Husbandry department officer’s claim to be posted in Telangana and not Andhra Pradesh post the bifurcation of the State under the Andhra Pradesh Reorganisation Act in 2014.

The Andhra Pradesh State Reorganisation Act, 2014 or any other guidelines framed thereunder, including the guidelines circulated on October 30, 2014 cannot take away from citizens, the right to reside and settle in any part of the country.

Key points of the judgment:

• The power to admit and include states into the Union under Article 2 of the Constitution, and to form new states and/or reorganise state, is in its very nature of the power, wide and its exercise necessarily guided by political issues of considerable complexity, many of which may not be judicially manageable.  

• Article 3, empowers Parliament to enact law and form a new state by separation of territory from any state or by granting two or more states or parts of states or by uniting any territory to a part of any state. The principles relating to change of sovereignty in international law are not applicable to re­organisation of the territory of the state under Article 3 of the Constitution of India.

• It is not in dispute that the respondent has his domicile in the territory of India and was born in the territory of India. Admittedly, he is a citizen of this country. As a citizen of India, the respondent has a fundamental right under Article 19(1)(e) to reside and settle in any part of the territory of India. 

• Under Article 13(2) of the Constitution of India prohibits the State from making any law which takes away or infringes the rights conferred by Part III of the Constitution of India and any law made in contravention of Article 13(2), to the extent of the contravention would be void.

Article 19(1)

It deals with protection of certain rights regarding freedom of speech, etc.

19(1) All citizens shall have the right —

a) to freedom of speech and expression

b) to assemble peaceably and without arms

c) to form associations or unions

d) to move freely throughout the territory of India

e) to reside and settle in any part of the territory of India

g) to practise any profession, or to carry on any occupation, trade or business.

• Originally, Article 19(1) contained seven rights. Article 19(1)(f) — the right to acquire, hold and dispose of property — was deleted by the 44th Amendment Act of 1978. 

Freedom of Movement

• Every citizen can move freely from one state to another or from one place to another within a state. 

The State may under clause (5) of Article 19 impose reasonable restriction on the freedom of movement on two grounds

a) In the interests of general public.

b) For the protection of the interest of Scheduled Tribes.

• The entry of outsiders 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.

• The freedom of movement has two dimensions — internal (right to move inside the country) and external (right to move out of the country and right to come back to the country). Article 19 protects only the first dimension. The second dimension is dealt by Article 21 (right to life and personal liberty).

Freedom of Residence

• Every citizen has the right to reside and settle in any part of the territory of the country. 

• This right is intended to remove internal barriers within the country or between any of its parts. 

• However, under clause (5) of Article 19, reasonable restriction may be imposed on this right by law in the interest of the general public or for the protection of the interest of any Scheduled Tribe.

• 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.

• It is to be noted that the right to reside and right to move freely throughout the country are complementary.

• 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. 

• Thus, where 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.

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