"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 CSE Mains 2022 - General Studies Paper 2)
Freedom of Movement and Residence
- Article 19(1)(d) and (e) of the Indian Constitution guarantees to every citizen of India right to move freely throughout the territory of India and to reside and settle in any Part of the of the Territory of India.
- This right is subject to reasonable restrictions imposed by law in the interest of the general public or for the protection of the interests of any Scheduled Tribes.
(A) Freedom of Movement under Article 19(1)(d)
- All Citizens of India have the right “to move freely throughout the territory of India.
- This Right is, however subject to reasonable restrictions mentioned under Article 19(5).
Restrictions:
- This clause (5) empowers the State to impose reasonable restrictions in the interest of the general public or for the protection of the interest of any Scheduled Tribe.
- Kharak Singh V. State of UP (1963) Case: The Supreme Court held that the right to move freely throughout the territory of India means the right of locomotion which connotes the right to move wherever one likes, and however one likes.
- State of UP V. Kaushalya Case (1964): In this case, the Supreme court held that the right of movement of prostitutes may be restricted on grounds of Public Health and in the interest of Public Morals.
(B) Freedom of Resident under Article 19(1)(e)
- Article 19(1)(e) of the Indian Constitution guarantees to every citizen of India, the right “to reside and settle in any part of the territory of India”.
- This right is subjected to reasonable restrictions which may be imposed by the State in the interest of the general public or for the protection of the interest of any Scheduled Tribe.
The Freedom of Movement and Residence apply only to citizens of India and not the Foreigners. A foreigner cannot claim the right to reside and settle in the country as guaranteed by Article Article 19(1)(e). The Government of India has the power to expel foreigners from India.
Recent news
- The rights to free movement and residence across India cannot be curtailed on flimsy grounds, a Bench of Justices Indira Banerjee and V. Ramasubramanian held in a judgment.
- The Supreme Court has held that the power of the State to pass an externment order or a direction barring certain people entry to specified areas should be exercised only in “exceptional cases”.
- The court said externment orders have their use in maintaining law and order.
- However, they cannot be employed as a vindictive or retaliatory measure.
- The drastic action of externment should only be taken in exceptional cases, to maintain law and order in a locality and/or prevent breach of public tranquility and peace, the court noted.
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