Question

“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 1

The right to movement and residence throughout the territory of India is enshrined in the Indian Constitution under Article 19(1)(d) and Article 19(1)(e). These rights allow Indian citizens to move freely and reside in any part of the country. However, like many other fundamental rights, they are not absolute and are subject to certain reasonable restrictions in the interest of the general public and the sovereignty and integrity of the nation. Here’s an analysis of these rights and the circumstances under which they can be restricted:

Constitutional Provisions

1. Article 19(1)(d): Right to Freedom of Movement

   • This provision guarantees the right to move freely throughout the territory of India.

2. Article 19(1)(e): Right to Residence

   • This provision guarantees the right to reside and settle in any part of India.

Restrictions on the Rights

Both of these rights are subject to reasonable restrictions under Article 19(5), which allows the state to impose restrictions in the interests of:

• The general public
• The protection of the interests of any Scheduled Tribe

These restrictions ensure that the exercise of these rights does not adversely affect public order, security, or the interests of vulnerable communities.

Instances and Reasons for Restrictions

1. Protection of Tribal Areas:

   • Reason: To protect the distinct culture, language, and traditions of Scheduled Tribes, certain areas are regulated to prevent exploitation and ensure their social and economic advancement.
   • Examples: Inner Line Permit (ILP) system in states like Arunachal Pradesh, Mizoram, and Nagaland restricts the movement of non-tribals into tribal areas.

2. Public Order and Security:

   • Reason: To maintain public order and national security, restrictions may be imposed on movement and residence, especially in areas affected by insurgency or communal tensions.
   • Examples: Curfews and restrictions in conflict-prone areas like Jammu and Kashmir or regions affected by ethnic violence.

3. Environmental and Ecological Concerns:

   • Reason: Restrictions can be imposed to protect fragile ecosystems and biodiversity, ensuring sustainable development and conservation of natural resources.
   • Examples: Regulations in ecologically sensitive areas like wildlife sanctuaries and national parks where movement is controlled to prevent environmental degradation.

4. Public Health:

   • Reason: To prevent the spread of diseases, movement may be restricted during health emergencies or pandemics.
   • Examples: Quarantine measures and movement restrictions during the COVID-19 pandemic to contain the spread of the virus.

5. Temporary Restrictions During Emergencies:

   • Reason: During emergencies such as natural disasters or national crises, temporary restrictions may be imposed to facilitate relief operations and ensure public safety.
   • Examples: Restrictions on movement during natural calamities like floods, earthquakes, and cyclones to enable efficient disaster management.

Judicial Interpretation

The Indian judiciary has played a crucial role in interpreting these rights and the extent of permissible restrictions. Some landmark cases include:

1. A.K. Gopalan v. State of Madras (1950):

   • The Supreme Court initially took a narrow view of Article 19, emphasizing the need for reasonable restrictions in the interest of public order and security.

2. Maneka Gandhi v. Union of India (1978):

   • This case expanded the interpretation of personal liberty, establishing that any law imposing restrictions must be just, fair, and reasonable, aligning with the principles of natural justice.

3. State of Himachal Pradesh v. Umed Ram Sharma (1986):

   • The Court held that the right to move freely throughout the territory of India under Article 19(1)(d) also includes the right to roads and access to transportation.

Conclusion

The right to movement and residence throughout the territory of India is a fundamental right that facilitates the free flow of people, ideas, and resources, contributing to national integration and economic development. However, these rights are not absolute and are subject to reasonable restrictions to balance individual freedoms with broader societal and national interests. These restrictions are essential to maintain public order, protect vulnerable communities, and address environmental and public health concerns. The judiciary continues to play a vital role in interpreting these rights, ensuring that restrictions are justified, reasonable, and aligned with constitutional principles.