Roadmap for Answer Writing
1. Introduction
- Purpose: Introduce the concepts of freedom of movement and residence as fundamental rights in India.
- Key Points:
- Mention Articles 19(1)(d) and 19(1)(e) of the Indian Constitution.
- State that these rights are subject to reasonable restrictions.
2. Understanding the Rights
- Freedom of Movement (Article 19(1)(d)):
- Explain that this right allows citizens to move freely throughout India.
- Mention that it is subject to restrictions under Article 19(5) for public interest or Scheduled Tribes protection.
- Freedom of Residence (Article 19(1)(e)):
- Describe the right to reside and settle anywhere in India.
- Note that this right is similarly restricted under Article 19(5).
3. Judicial Interpretation and Precedents
- Judicial Support for Restrictions:
- Cite landmark cases that illustrate the balance between rights and restrictions:
- State of Rajasthan v. Union of India (1977): Validated restrictions on movement in border areas for national security.
- Kharak Singh v. State of Uttar Pradesh (1963): Asserted that the right to move freely can be reasonably restricted for public order.
- Sundararajan v. State of Tamil Nadu (2013): Upheld restrictions around sensitive areas like nuclear plants for public safety.
- Cite landmark cases that illustrate the balance between rights and restrictions:
4. Conclusion
- Summary of Arguments: Reiterate that while the rights to movement and residence are fundamental, they are not absolute.
- Final Thought: Emphasize the importance of maintaining a balance between individual rights and societal needs.
Relevant Facts for Use in Answers
- Constitutional Provisions:
- Article 19(1)(d): Guarantees freedom of movement.
- Article 19(1)(e): Guarantees freedom of residence.
- Article 19(5): Allows for reasonable restrictions in public interest.
- Judicial Precedents:
- State of Rajasthan v. Union of India (1977): The Supreme Court upheld state laws restricting entry for national security.
- Kharak Singh v. State of Uttar Pradesh (1963): Established that free movement rights are not absolute and can be limited for public order.
- Sundararajan v. State of Tamil Nadu (2013): Confirmed that restrictions are necessary for public safety near sensitive installations.
This roadmap and the relevant facts will help structure a comprehensive and well-supported answer to the question regarding the rights of movement and residence in India.
Model Answer
Introduction
Article 19(1)(d) and (e) of the Indian Constitution guarantees Indian citizens the fundamental rights to freedom of movement and residence. While these rights are crucial for individual liberty and social integration, they are not absolute. The state possesses the authority to impose reasonable restrictions to safeguard public interest and national security.
Body
Freedom of Movement (Article 19(1)(d))
This provision allows every Indian citizen to move freely across the country. However, Article 19(5) permits the state to impose reasonable restrictions in the interest of public order or for the protection of Scheduled Tribes. Such limitations ensure that freedom does not compromise community safety or social harmony.
Freedom of Residence (Article 19(1)(e))
Similar to movement, this article guarantees the right to reside and settle anywhere in India, subject to reasonable restrictions under Article 19(5). This provision is especially important for protecting vulnerable groups and maintaining social stability.
Judicial Precedents
The Indian Supreme Court has reinforced the notion that these rights, while fundamental, are not absolute:
Conclusion
The rights to freedom of movement and residence are essential to the fabric of Indian democracy. However, as demonstrated by various judicial rulings, these rights can be reasonably restricted to protect public order, national security, and the rights of Scheduled Tribes. Thus, while these freedoms are fundamental, their regulation is crucial for maintaining societal balance.
In India, the rights of movement and residence throughout the territory are guaranteed to Indian citizens under Article 19(1)(d) and Article 19(1)(e) of the Constitution. These rights allow citizens to move freely and reside anywhere within the country. However, these rights are not absolute and are subject to reasonable restrictions.
The Constitution permits limitations on these rights under Article 19(5), which allows for restrictions on grounds of public order, morality, and the interests of the general public. For instance, restrictions can be imposed to prevent economic disparity, maintain social harmony, or address issues related to security and public health. Additionally, certain areas may be designated as restricted zones for security reasons.
Thus, while the right to movement and residence is fundamental, it must be balanced with considerations for public welfare and national interest.