Right to reside and settle in India protected: removal power under the Act was held unconstitutional for lack of safeguards.

Section 7 of the Influx from Pakistan (Control) Act, 1949 was held unconstitutional insofar as it authorised removal of a citizen of India on the basis of executive subjective satisfaction, including mere reasonable suspicion, without notice or an opportunity to meet the allegation. The Court treated the power as going beyond control of entry and movement and as effectively depriving citizens of the right to reside and settle in India under article 19(1)(e). It further held that the restriction could not be justified as reasonable under article 19(5) and that the absence of procedural safeguards rendered it arbitrary. The provision was void under article 13(1) to that extent, and removal orders against citizens were set aside.

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Issues: Whether section 7 of the Influx from Pakistan (Control) Act, 1949 was constitutionally valid insofar as it authorised removal of a citizen of India and thereby infringed the right under article 19(1)(e) of the Constitution.

Analysis: The provision empowered the Central Government to direct removal not only after conviction under section 5, but also on the basis of a mere reasonable suspicion of commission of an offence under the Act. The power was left to the subjective determination of the executive without notice to the person concerned or any opportunity to meet the allegation. The restriction was held to go beyond control of entry and movement and to amount, in substance, to deprivation of the citizen's right to reside and settle in India. It was further held that such removal could not be justified as a reasonable restriction in the interests of the general public under article 19(5), and that the absence of procedural safeguards made the provision arbitrary as against citizens.

Conclusion: Section 7 was declared void under article 13(1) to the extent that it conflicted with article 19(1)(e) of the Constitution, and the removal orders against citizens were set aside. The appeals were sent back for determination of the factual question whether the appellants were citizens of India.

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