“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, 10 Marks, )

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Right of Movement and Residence Throughout the Territory of India

• Constitutional Provision:
• Article 19(1)(d) of the Indian Constitution guarantees all citizens the right to move freely throughout the territory of India. This right is a fundamental aspect of personal liberty, allowing individuals to travel, settle, and reside in any part of the country.
• Article 19(1)(e) provides the right to reside and settle in any part of the territory of India, ensuring that citizens can establish their homes or places of business anywhere in the country.
• Purpose of the Right:
• These rights are intended to promote national unity and integration by removing internal barriers that could fragment the country.
• They facilitate economic activities by allowing citizens to move where there are better opportunities for employment, education, and business.

Limitations on the Rights

• Reasonable Restrictions:
• Article 19(5) allows the state to impose reasonable restrictions on the exercise of these rights in the interests of the general public or for the protection of the interests of any Scheduled Tribe.
• Restrictions can be imposed for maintaining public order, safeguarding national security, and protecting public health and morals.
• Specific Examples of Restrictions:
• Scheduled Areas: Special provisions are in place for Scheduled Tribes under the Fifth and Sixth Schedules of the Constitution, which allow for restrictions on the right to reside in or move freely within certain areas to protect the indigenous population.
• Protection of Environment: Certain regions, such as ecologically sensitive areas, may have restrictions on movement and residence to protect the environment.
• Public Order and Security: The state can restrict movement and residence in areas that are prone to communal violence, terrorism, or insurgency to maintain public order and security.
• Not Absolute: While the right to movement and residence is a fundamental right, it is not absolute and can be curtailed in specific circumstances to balance individual freedom with the collective good.