“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)
- The right to movement and residence throughout India is a fundamental right of utmost significance to Indian citizens.
- Article 19(1)(d) of the Indian Constitution guarantees the freedom of movement within the country to every citizen and shareholders of a company, but not to foreigners or legal entities such as corporations. The right to movement encompasses both internal and external dimensions, but Article 19(1)(d) only protects the former.
- Restrictions on this freedom can only be imposed on two grounds – public interest and the protection of the interests of Scheduled Tribes – as stated in Article 19(5) of the constitution.
- Indian citizens also have the right to reside and settle in any part of the country, as enshrined in Article 19(1)(e). However, this right is also subject to reasonable restrictions.
- Despite these fundamental rights, certain limitations have been imposed to protect the interests of Scheduled Tribes in India, as outlined in the Fifth and Sixth Schedule of the Indian Constitution, which regulate the transfer and allotment of land in these areas.
- Additionally, in the case of State of Uttar Pradesh v. Kaushaliya (1963), the Supreme Court held that the right of movement of prostitutes may be restricted on the grounds of public health and morals.
- Thus, while these rights enhance the mobility of Indian citizens, they are not absolute and are subject to certain restrictions to maintain a balance between freedom and the interests of the people.
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