Introduction:
The statement "Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute" refers to the constitutional rights of Indian citizens to move and reside freely within the country, as guaranteed under Article 19(1)(d) and Article 19(1)(e) of the Indian Constitution. These rights are considered fundamental rights, but are not absolute and can be restricted by the government in certain situations. This article will provide a point-wise discussion of this statement with the help of real examples.
Constitutional Provisions:
Article 19(1)(d) of the Indian Constitution: This article guarantees the right to move freely throughout the territory of India to all citizens.
Article 19(1)(e) of the Indian Constitution: This article guarantees the right to reside and settle in any part of the territory of India to all citizens.
Reasonable Restrictions:
Sovereignty and integrity of India: The government can impose restrictions on the rights of movement and residence in the interest of the sovereignty and integrity of India. For example, the government can impose restrictions on the entry of foreigners into certain sensitive areas for security reasons.
Security of the State: The government can impose restrictions on the rights of movement and residence for the security of the State. For example, the government can impose curfew or prohibit assembly in certain areas during times of civil unrest or terrorist activities.
Public Order: The government can impose restrictions on the rights of movement and residence for the maintenance of public order. For example, the government can prohibit public gatherings in certain areas during times of communal tension.
Protection of rights of others: The government can impose restrictions on the rights of movement and residence for the protection of the rights of others. For example, the government can impose restrictions on the entry of outsiders into tribal areas for the protection of the rights of the local communities.
Real-world examples:
The Armed Forces (Special Powers) Act, 1958: This act grants special powers to the armed forces in disturbed areas for the maintenance of public order. The act allows the armed forces to search, arrest and even use deadly force without a warrant.
The Disturbed Areas Act, 1976: This act grants special powers to the police in disturbed areas for the maintenance of public order. The act allows the police to search, arrest and even use deadly force without a warrant.
Emergency situations: The government can impose restrictions on the rights of movement and residence during emergency situations such as war, natural disaster, or public health crisis. For example, during the COVID-19 pandemic, the government imposed restrictions on movement and travel to contain the spread of the virus.
Border areas: The government can impose restrictions on the rights of movement and residence in border areas for security reasons. For example, the government can require special permits for travel in certain border areas or prohibit entry into certain border areas altogether.
Tribal areas: The government can impose restrictions on the rights of movement and residence in tribal areas for the protection of the rights of the local communities. For example, the government can require special permits for travel in certain tribal areas or prohibit entry into certain tribal areas altogether.
Cyber laws: The government can also impose restrictions on the rights of movement and residence in the digital space. For example, the government can block or ban certain websites or social media platforms in the interest of national security or public order.
Conclusion:
In conclusion, the rights of movement and residence are freely available to Indian citizens, but these rights are not absolute and can be restricted by the government in certain situations. The restrictions imposed by the government must be reasonable, necessary, and proportionate to the situation and must be in the interest of the sovereignty and integrity of India, the security of the State, public order, or for the protection of the rights of others. The real-world examples of the Armed Forces (Special Powers) Act, 1958 and the Disturbed Areas Act, 1976, provide an insight into how the government can impose restrictions on the rights of movement and residence in certain situations.
In addition to the above, it is important to note that the restrictions imposed by the government must be reasonable, necessary and proportionate to the situation and must be in compliance with the Indian Constitution. The government's restriction on rights of movement and residence must be subject to judicial review and must not be arbitrary or discriminatory.
