AI Overview...
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Right to Choose Place of Business and Residence - The courts have consistently recognized that individuals, including victims and citizens, possess a fundamental right to choose their place of residence and vocation. This right encompasses the freedom to move freely within the territory of India and to select one's occupation, subject to reasonable restrictions. For example, the court emphasized that a major victim has the right to reside and choose her vocation, reaffirming that such freedoms are protected under the Constitution Nagar Macchindra Bhui VS State of Maharashtra - Bombay, Asiya Anwar Shaikh VS State of Maharashtra - Crimes.
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Freedom of Trade and Business - While individuals have the fundamental right to carry on trade or business of their choice, this right does not extend to the right to operate on a specific spot or location. The Supreme Court clarified that hawkers, for instance, do not have an absolute right to conduct their trade at a particular place, indicating that location restrictions are permissible to regulate trade SOUTH CALCUTTA HAWKERS ASSOCIATION VS GOVERNMENT OF WEST BENGAL - Calcutta, SOUTH CALCUTTA HAWKERS ASSOC VS C. M. C. - Calcutta.
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Right to Privacy and Personal Liberties - The right to privacy is a fundamental right that includes aspects of personal liberty, such as autonomy over personal choices. However, certain rights like the consumption of alcohol are not considered fundamental rights, and states have the authority to regulate such activities in the interest of public policy Payel Biswas VS Commissioner of Police, Trichy City - Madras, ANOOP.M.S Vs STATE OF KERALA - Kerala.
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Right to Personal Relationships and Autonomy - The courts have recognized the right to choose and maintain personal relationships as a fundamental right linked to individual dignity and autonomy. This extends to choices related to intimate relationships, emphasizing individual freedom in personal matters Yash Pal VS State of Haryana - Punjab and Haryana.
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Right to Education and School Choice - Private unaided schools have a fundamental right under Article 19(1)(g) to admit students and manage their institutions, including the autonomy to select students, subject to regulations. However, certain restrictions under the Right to Free and Compulsory Education Act may impact this autonomy, but the core right to manage and choose students remains protected Forum for Promotion of Quality Education For All VS Lt. Governor of Delhi - Delhi.
Analysis and Conclusion:
The overarching principle across these sources is that the Constitution guarantees fundamental rights related to personal liberty, including the freedom to choose one's place of residence, vocation, trade, and personal relationships. While these rights are broad, they are not absolute and may be subject to reasonable restrictions for public interest, order, or regulation. The courts consistently uphold the importance of these freedoms as integral to individual dignity and autonomy, affirming that liberty to choose one's place of business and residence is a core constitutional right.
Search Results for "Liberty to Choose Place of Business is Fundamental Right"
2019 0 Supreme(Bom) 1512 • India - Bombay
S.S.SHINDE
Finding of the Court: The court found that the victim, being a major, had the fundamental right to choose her residence ... rights to reside and choose her vocation. ... , granting the victim the freedom to choose her residence. ... It is true that every citizen has right to chose his/her vocation, to move from one place to another through out the territory of India, and other fundamental rights enshrined in the Constitution of I....
2022 0 Supreme(Mad) 470 • India - Madras
G.R.SWAMINATHAN
part to the right to life and liberty; that it is a fundamental and inalienable right and attaches to the person covering all information ... of his fundamental right to privacy. ... Finding of the Court: Right to privacy is a fundamental right that does not need to be separately articulated ... No right including a fundamental right can be absolute. But the restrictions can be ....
• India - Crimes
S.S.SHINDE
right to move from one place to another place, reside at place of her choice and to choose her vocation was to be considered and ... Writ – Probation Officer in his report had opined that victim could be given in custody of petitioner – Victim being major, her fundamental ... He also submitted that under the Constitution of India every Indian citizen has right to move freely through the territory of India as also has a right to choose#HL_EN....
1996 0 Supreme(Cal) 473 • India - Calcutta
BHAGABATI PRASAD BANERJEE, VIDYA NAND
Whether hawkers have fundamental right to carry on trade or business of their choice on a particular spot or place? 3. ... Hawkers have fundamental right to carry on trade or business of their choice but not to do so on a particular spot or place. ... The Supreme Court also held that hawkers have no fundamental right to carry on trade on a particular spot or place. ... Liberty of....
1998 0 Supreme(AP) 735 • India - Andhra Pradesh
S.R.NAYAK
carry on trade or business, he has no fundamental right to insist upon the Government or any other individual ... for doing business with him - The object of Art21 is to prevent encroachment upon personal liberty by executive ... etc, guaranteed to citizens under Art19(1)(g) of Constitution means that every citizen has right to choose his own ... It is well settled that while a citizen has a Fundamental#HL_....
• India - Crimes
R.M.SAHAI, B.L.HANSARIA
and would rather choose not to live. ... So too, freedom of business includes freedom not to do business. ... Union of India AIR 1970 SC 1318, what is true of one fundamental right is also true of another fundamental ... Union of India, (supra), what is true of one fundamental right is also true of another fundamental right. It was then stated that it is not, and cannot be seriously disputed that fundamen....
1996 0 Supreme(Cal) 474 • India - Calcutta
BHAGABATI PRASAD BANERJEE, VIDYA NAND
Whether hawkers have a legal or fundamental right to carry on business in a particular place? 2. ... The court held that hawkers have no legal or fundamental right to carry on business in a particular place. ... Finding of the Court: The court held that the hawkers had no legal or fundamental right to carry on business in a particular ... Liberty of an individual comes to and w....
2017 Supreme(Online)(KER) 10359 • India - High Court of Kerala
P.R.RAMACHANDRA MENON, DAMA SESHADRI NAIDU, JJ
to choose and consume alcohol, under the Constitution? ... Ratio Decidendi: The court reaffirmed that the right to consume alcohol is not a fundamental right, especially in light of ... policy does not infringe on fundamental rights, emphasizing the state's responsibility to regulate alcohol consumption under constitutional ... Does the New Policy infringe on the petitioner’s right to choose, right to privacy, or right to life? .......
2024 0 Supreme(P&H) 552 • India - Punjab and Haryana
SURESHWAR THAKUR, SUDEEPTI SHARMA
(Paras 5-7, 10-13) ... ... (B) Right to personal liberty - The right to express freedom and choices ... (Para 5) ... ... Ratio Decidendi: The court established that the right to choose and maintain a relationship is ... in intimate relationships is underscored as a fundamental right, linking it to individual dignity and autonomy as guaranteed under ... Reverting to the present case, issue in hand is not marriage or their live in relationship, but the deprivation o....
2014 0 Supreme(Del) 2516 • India - Delhi
MANMOHAN
the fundamental right of children through their parents to choose a school - Judgments are quashed qua private unaided schools with ... to admission - Restriction - Private unaided recognized school managements have a fundamental right under Article 19(1)(g) of the ... to Free and Compulsory Education Act, 2009 - Sections 8, 12 and 13 - Autonomy - Private unaided schools - Admission - Power to choose ... Consequently, the impugned office orders being violative of the fundamen....
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