Right to Residence and Settlement in International Law and the Constitution of India

DOI10.1177/0019556120160406
Date01 October 2016
Published date01 October 2016
Subject MatterArticle
RIGHT TO RESIDENCE AND SETTLEMENT
IN
INTERNATIONAL LAW AND THE
CONSTITUTION OF
INDIA
JAi S.SINGH
The Constitution
of
India includes a number
of
provisions
to
provide social, economic and political justice
to
the people
of
India. In the Preamble, Fundamental Rights and Directive
Principles
of
State Policy, the Constitution has made elaborate
provisions
to
provide social, economic and political justice
to
the
people
of
India. The Government
of
India has made a number
of
laws and has set up a number
of
legal institutions
for
the welfare
of
the people. Unfortunately, these welfare schemes too often
have been unable
to
reach those most in .need. The principles
of
the right to residence
and
settlement have been recognised
in International Law and International Conventions. Article
25
of
the Universal Declaration
of
Human Rights, 1948,
and
Article
11
of
the International Covenant on Economic, Social
and
Cultural Rights, 1966, make provisions regarding the
right
to
settlement and residence. Articles
19,
18,
39,
and 46
of
the Constitution
of
India make provisions
for
human right
to residence
and
settlement.
In
a number
of
cases, the Supreme
Court has expressly recognised the rights to residence
and
settlement as afandamental right implicit in the right
to
life and
personal liberty under Article
21
of
the Constitution.
DEMOCRACY, RULE
of
law and human rights are fundamental
fol~ndations
of
a civilised society. Modem civilised states
try
to
protect
and promote democracy, rule
of
law and human rights. The appropriate
explanation
of
democracy is that government should be carried on for the
benefit
of
the governed people. Further, rule
of
law,
equality before
law,
human rights and right
to
legal aid are basic principles
of
social justice.
For the better protection and promotion
of
'equality before the law', 'rule

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