The rights of movement and residence are fundamental freedoms granted to Indian citizens under Article 19 of the Constitution. However, these rights have certain restrictions to maintain national security, public order, and social harmony.

Q.2 "Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute". Comment.

Model Answer:

Introduction

The right to freedom of movement and residence throughout the territory of India is enshrined under Article 19(1)(d) and 19(1)(e) of the Indian Constitution. This right allows Indian citizens to move freely and reside in any part of the country. However, these rights are not absolute and are subject to reasonable restrictions.

Body

The Supreme Court in the Alkhajan Case (1981) upheld that the right to movement can be restricted in the interest of the general public. Similarly, in State of Uttar Pradesh v. Kaushalya (1964), the court ruled that restrictions can be imposed to maintain public order.

Conditions where the right to freedom of movement can be limited:

  • Tribal Areas: To protect the interests of Scheduled Tribes, certain areas are restricted under the Fifth and Sixth Schedules of the Constitution.
  • Public Interest: Restrictions can be imposed to maintain public order, morality, and health.
  • National Security: Movement can be restricted in areas of strategic importance or during times of emergency.
  • Environmental Protection: Certain ecologically sensitive areas may have movement restrictions to prevent environmental degradation.

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Specific laws limiting the right:

  1. Inner Line Permit (ILP): Required for entry into certain northeastern states like Arunachal Pradesh, Nagaland, and Mizoram to protect indigenous cultures and prevent demographic changes.
  2. Protected Area Permit (PAP): Required for foreign nationals to visit certain areas near international borders.

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Rights concerns due to limited freedom of movement:

  1. Harassment at Checkposts: Citizens may face undue harassment and delays at checkposts, especially in areas requiring permits.
  2. Economic Disparities: Restrictions can lead to economic isolation and underdevelopment of certain regions.

Conclusion

While the right to freedom of movement and residence is fundamental, its limitations are crucial for protecting public order, national security, and the interests of vulnerable communities. These restrictions ensure a balance between individual freedoms and collective societal interests.

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