UPSC Previous Year Question | Mains GS2 | 2022

“Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute.” Comment. (Answer in 150 words)

Answer

Introduction

Article 19(1)(d) and 19(1)(e) guarantee citizens freedom to move throughout India and reside in any part of it, supporting national unity and occupational mobility.

Scope

Constitutional scope

  • Movement includes travel across States; residence includes settling and pursuing livelihood anywhere in India.
  • These rights reinforce one citizenship, national integration and access to opportunities.

Restrictions

Permissible limitations

  • Under Articles 19(5) and 19(6), restrictions must be reasonable and imposed by law.
  • Movement or residence may be limited in the interest of the general public or to protect the interests of Scheduled Tribes.
  • Quarantine, curfew and protected-area regimes may be justified by public health, security or ecological vulnerability, but must satisfy proportionality.
  • Preventive detention and restrictions under public-order laws remain subject to constitutional safeguards and judicial review.

Conclusion

Conclusion

The rights are broad but not absolute; restrictions must be non-arbitrary, necessary, proportionate and consistent with equality and due process.

Keywords

Article 19(1)(d); Article 19(1)(e); Article 19(5); proportionality; public order; Scheduled Tribes.

Topics: constitution, freedom of movement, fundamental rights, reasonable restrictions