QUES . “Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute.” Comment. UPSC 2022
HINTS:
Article 19(1)(d) and Article 19(1)(e) ensures freedom of movement and residence for citizens, respectively, throughout India. However, reasonable restrictions under Article 19(5) can be imposed to protect the interests of the general public and members of Scheduled Tribes (ST).
Freedom of Movement(Article 19(1)(d))
This freedom entitles every citizen to move freely throughout the territory of the country. This right underline the idea that India is one unit so far as the citizens are concerned. Thus, the purpose is to promote national feeling and not parochialism. However there are reasonable restrictions on Freedom of Movement.
Reasonable restrictions on Freedom of Movement
The grounds of imposing reasonable restrictions on this freedom are two, namely, the interests of general public and the protection of interests of any scheduled tribe.
The entry of outsiders in tribal areas is restricted to protect the distinctive culture, language, customs and manners of scheduled tribes and to safeguard their traditional vocation and properties against exploitation.
The Inner Line Permit (ILP) restricts the entry of non-residents or non-natives to enter a state.
The Supreme Court had held that the freedom of movement of prostitutes can be restricted on the ground of public health and in the interest of public morals.
The Bombay High Court had validated the restrictions on the movement of persons affected by AIDS.
During COVID-19 state imposed a lockdown in the interest of public health.
The state can declare a curfew & impose reasonable restrictions on people’s movement.
The state can impose reasonable restrictions on the movement of people inside military areas, biosphere reserves, protected areas, etc.
Freedom of Residence(Article 19(1)(e))
Every citizen has the right to reside and settle in any part of the territory of the country.
This right is intended to remove internal barriers within the country or between any of its parts. This promotes nationalism and avoids narrow mindedness.
Reasonable restrictions on Freedom of Residence
The right of outsiders to reside and settle in tribal areas is restricted to protect the distinctive culture, language, customs and manners of scheduled tribes and to safeguard their traditional vocation and properties against exploitation.
In many parts of the country, the tribals have been permitted to regulate their property rights in accordance with their customary rules and laws.
The Supreme Court held that certain areas can be banned for certain kinds of persons like prostitutes and habitual offenders.
In conclusion, while the rights of movement and residence in India are fundamental and integral to the concept of citizenship, they are subject to reasonable restrictions to ensure the well-being of the society as a whole. This balance between individual rights and societal interests is a crucial aspect of a functioning democracy and rule of law.
