Q. “Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute.” Comment.
Ans: The rights of movement and residence throughout the territory of India, as guaranteed by the Constitution, are fundamental rights available to Indian citizens. These rights are enshrined under Article 19(1)(d) and Article 19(1)(e) of the Constitution, which respectively state:
- Article 19(1)(d): “to move freely throughout the territory of India”
- Article 19(1)(e): “to reside and settle in any part of the territory of India”
However, like many other fundamental rights, these rights are not absolute. The Constitution itself provides for certain reasonable restrictions that can be imposed on these rights in the interests of various important considerations. This is highlighted in Article 19(5) and Article 19(6) of the Constitution, which state:
- Article 19(5): “Nothing in sub-clauses (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.”
- Article 19(6): “Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public.
In essence, while Indian citizens have the right to move and reside freely within the country, these rights can be limited or restricted by laws that are deemed necessary for various reasons, such as public order, security, tribal interests, and professional qualifications. These reasonable restrictions are intended to strike a balance between individual rights and the larger interests of the society and the nation.
For instance, restrictions on movement might be imposed during times of curfew or emergency situations to ensure public safety and order. Similarly, regulations on residence might be imposed to prevent overcrowding or to protect the rights of marginalized communities.
In conclusion, while the rights of movement and residence in India are fundamental and integral to the concept of citizenship, they are subject to reasonable restrictions to ensure the well-being of the society as a whole. This balance between individual rights and societal interests is a crucial aspect of a functioning democracy and rule of law.
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