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Home > LAW BOOKS > Constitutional Law > Constitution of India > 1986 Edition. |
FOREWORD III
PREFACE V
TABLE OF CASES XI
ABBREVIATIONS XIII
INTRODUCTION 1
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
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
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
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
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
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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