Constitutional Law

In general, a person cannot be prevented from working in another state simply because they belong to a particular state within the United States. This is based on the Privileges and Immunities Clause of the U.S. Constitution, which prevents states from discriminating against citizens of other states in favor of their own.

However, there can be some exceptions or conditions, such as:

• Licensing Requirements: Certain professions (e.g., law, medicine, cosmetology) require state-specific licenses. Sameer would need to meet the licensing requirements of the state where he wants to work. U.S. Department of Labor - Licensing
• State Residency Requirements for State Jobs: Some state government jobs may require state residency. These requirements are usually permissible.
• Legitimate State Interests: There might be other very specific situations where a state could justify restrictions, but these would be rare and subject to legal scrutiny.

Therefore, unless Sameer's profession requires a state-specific license that he doesn't possess, or the job he's seeking has a legitimate residency requirement, he should generally be free to work in another state regardless of which state he is from.

Here are two key differences between fundamental rights and ordinary rights:

1. Source of Authority and Protection:

   • Fundamental Rights: These rights are derived from the constitution and are guaranteed to all citizens. They are considered basic human rights and are protected by the constitution itself. Any law that violates a fundamental right can be declared unconstitutional by the courts. Constitution of India
   • Ordinary Rights: These rights are derived from ordinary laws passed by the legislature. They can be amended or repealed by the legislature through the regular law-making process.
2. Amendability:

   • Fundamental Rights: Altering fundamental rights usually requires a constitutional amendment, which involves a special majority in the legislature and, in some cases, ratification by the states. This makes it more difficult to change or revoke fundamental rights.
   • Ordinary Rights: Ordinary rights can be changed or revoked by simply amending or repealing the law that created them, which is a simpler process than amending the constitution.

Yes, the Indian Constitution explicitly prescribes Fundamental Rights. These rights are enshrined in Part III of the Constitution, spanning from Articles 12 to 35.

These rights are considered fundamental because they are essential for the all-round development (material, intellectual, moral and spiritual) of individuals and are guaranteed to all citizens irrespective of race, religion, caste, sex, etc. They are enforceable by the courts.

The Fundamental Rights include:

• Right to Equality (Articles 14-18)
• Right to Freedom (Articles 19-22)
• Right against Exploitation (Articles 23-24)
• Right to Freedom of Religion (Articles 25-28)
• Cultural and Educational Rights (Articles 29-30)
• Right to Constitutional Remedies (Article 32)

Initially, the Indian Constitution also guaranteed the Right to Property as a Fundamental Right, but it was later repealed and made a constitutional right under Article 300A.

The concept of social security, while not explicitly defined as such in the Indian Constitution, is deeply embedded within its Directive Principles of State Policy (DPSP). These principles, outlined in Part IV of the Constitution, are fundamental in the governance of the country and direct the State to strive towards a social order promoting the welfare of the people.

Here's why the concept of social security is important in the context of the Indian Constitution:

1. Promotion of Social and Economic Justice: The DPSPs aim to create a just society by minimizing inequalities in income, status, facilities, and opportunities. Social security measures like unemployment benefits, healthcare, and old-age pensions are crucial for mitigating economic hardship and promoting a more equitable distribution of resources. Source: Constitution of India
2. Welfare State: The Constitution envisions India as a welfare state, where the government actively works to protect and promote the well-being of its citizens. Social security provisions are essential components of a welfare state, ensuring that vulnerable populations are protected from poverty, illness, and other risks.
3. Human Dignity: Social security contributes to the preservation of human dignity by providing a basic standard of living for all citizens. It ensures that individuals are not left destitute or dependent on charity, but rather have access to the resources they need to live with dignity and respect.
4. Empowerment of the Marginalized: Social security programs can empower marginalized groups, such as the elderly, disabled, and unemployed, by providing them with financial assistance, healthcare, and other essential services. This can help them to participate more fully in society and improve their overall quality of life.
5. Social Stability: By reducing poverty and inequality, social security can contribute to social stability and cohesion. It can help to prevent social unrest and conflict by providing a safety net for those who are most vulnerable to economic shocks.
6. Article 41: Right to work, to education and to public assistance in certain cases - The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want. Source: Constitution of India
7. Article 42: Provision for just and humane conditions of work and maternity relief - The State shall make provision for securing just and humane conditions of work and for maternity relief. Source: Constitution of India
8. Article 43: Living wages, etc., for workers - The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas. Source: Constitution of India

In conclusion, while the term "social security" is not explicitly mentioned, the Indian Constitution, through its DPSPs, lays a strong foundation for the development and implementation of social security measures. These measures are essential for promoting social and economic justice, building a welfare state, and ensuring the dignity and well-being of all citizens.