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Edition: 1986 Edition.
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Product Details:

Pages: 292 pages
Date Added: 2001-01-01
Search Category: Lawbooks

Table Of Contents:

                   FOREWORD III
                   PREFACE V
                   TABLE OF CASES XI
                   ABBREVIATIONS XIII
                   INTRODUCTION 1

CHAPTER I : THE RIGHT TO DOMESTIC TRAVEL: CONSTITUTIONAL FORMAT
                   The Six Freedoms 12
                   The Right to Domestic Travel: Scope and Content 12
                       Persons who are entitled to claim the right 13
                       The nature and significance of the right 15
                       Does the Constitution guarantee the right to privacy of movement? 16
                       The territorial extent of the operation of the right 23
                       Does Article 19(1)(d) exhaust the right to freedom of travel
                       under the Constitution of India? 28
                       Can the right to domestic travel be read into the right to
                       personal liberty? 28
                   The Nature and Scope of the Restraints on the Right 32
                       The three-fold criteria 32
                           Does ''restriction'' subsume prohibition? 33
                           The grounds of restrictions are exhaustive 33
                           Restrictions and legislative sanction 34
                           The expression ''in the interests of'': Scope 35
                           The expression ''in the interests of the general public'': Import 36
                           The expression ''in the interests of any Scheduled Tribe'':
                           Content 36
                           The dynamics of the doctrine of reasonableness 37

CHAPTER II : THE RIGHT TO TRAVEL: RELATIONSHIP WITH OTHER CONSTITUTIONAL RIGHTS
                   The Right to Travel and the Right to Personal Liberty 40
                       Juridical nature of fundamental rights 41
                           Article 19 42
                           Article 21 43
                           Article 22 44
                       The right to travel and the right to personal liberty:
                       Judicial understanding 45
                           Gopalan thesis: Impact on the right to travel 45
                               The doctrine of directness of legislation 47
                               The doctrine of 'exclusiveness' 50
                               The doctrine of deprivation 54
                               The doctrine of free citizen 59
                           The present position 60
                   The Right to Travel and the Right to Freedom of Speech 62
                   The Right to Travel and the Rights of Assembly and Association 65
                   The Right to Travel and the Right to Residence and Settlement 67
                   The Right to Travel and the Right to Practise any Profession etc. 67
                   The Right to Travel and the Other Constitutional Rights 68

CHAPTER III : RESTRAINTS ON THE RIGHT TO DOMESTIC TRAVEL: JUDICIAL RESPONSES
                   Statutory Restrictions: Range and Magnitude 69
                       Restrictions in the nature of detention 70
                           Preventive detention 70
                                        Pre-Constitution laws 70
                                        Post-Constitution laws 72
                           Punitive detention 76
                           Detention simpliciter 79
                       Restrictions in the nature of externment 84
                           Laws enacted in the interests of the general public 85
                               Pre-Constitution externment laws 85
                               Post-Constitution externment law 92
                           Laws enacted for the protection of the interests of
                           Scheduled Tribes 102
                       Restrictions in the nature of internment 103
                       Restrictions in the nature of surveillance 107
                       Restrictions in the nature of deportation 108
                       Restrictions in the nature of extradition 110
                       Other restrictions 111

CHAPTER IV : EMERGENCIES: IMPACT ON THE RIGHT TO DOMESTIC TRAVEL
                   Proclamation of National Emergency: Impact on the Right to
                   Domestic Travel 114
                       Operation of Article 358: Impact on the import of
                       Article 19-Judicial treatment 114
                           Executive action and legislative sanction 115
                           Article 358: Suspension of Article 19 121
                       Article 359: Impact on the scope of Article 19: Judicial treatment 125
                           Nature and scope of the Presidential Order 125
                           Effect of Presidential Order on the Scope of Article 19 126
                           Article 359: Impact of the Constitution 44th Amendment 131
                           Restrictions on the right to travel 132
                           Restrictions on the right to domestic travel 133
                   Section 144 of the Criminal Procedure Code: Effect on the Right to
                   Domestic Travel 135

CHAPTER V : THE RIGHT TO LEAVE OR RETURN TO INDIA: POSITION IN INDIA
                   The Right to Leave India: Constitutional Position 141
                       Do Article 19 freedoms have extra-territorial operation 141
                       The right to leave India and Article 19(1)(a) 144
                       The right to leave India and the right to personal liberty 147
                       The right to go abroad is a part of the common law 157
                   The Right to Return to India 158
                   The Right to Ask for a Passport 161
                   The Right to Leave, and Return to India: Statutory Position 163
                       The right to leave India: Statutory regulations 164
                           The Passports Act, 1967 164
                           The Foreign Contribution (Regulation) Act, 1976 166
                           The Emigration Act, 1988 166
                           The Defence and Internal Security of India Act, 1971 168
                       The right to enter India: Statutory regulations 169
                           The Passport (Entry Into India) Act, 1920 169
                           The Defence and Internal Security of India Act, 1971 170

CHAPTER VI : CONCLUSIONS
APPENDIX
RELEVANT CONSTITUTIONAL AND STATUTORY PROVISIONS
                   Constitutional Provisions 181
                   Provisions of the International Instruments 196
                   Statutory Provisions 199
                   Statutory Rules and Regulations 244
                   BIBLIOGRAPHY 249
                   SUBJECT INDEX 254
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