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.

Model Answer: 

Articles 19(1)(d) and 19(1)(e) of the Constitution guarantee citizens the right to move freely and reside anywhere within India, fostering national integration.

1. Scope of the Freedoms

• Internal Dimension: Protects movement and residence strictly within Indian territory (external travel is governed by Article 21).
• National Unity: Designed to eliminate provincial barriers, promoting a cohesive national identity.

2. Reasonable Restrictions (Article 19(5))

These rights are structurally balanced against collective societal interests through specific constitutional limitations:

• Interests of the General Public: The State can restrict movement for public order, health, or morality (State of UP v. Kaushaliya regarding public morals).
• Protection of Scheduled Tribes: Restricts outsider settlement to safeguard indigenous land, culture, and customs from exploitation (5th and 6th Schedule areas).
• Inner Line Permit (ILP) System: Regulates the entry of non-natives into specific protected border states (Arunachal Pradesh, Nagaland, Mizoram, Manipur).
• National Security & Strategy: Access prohibited in sensitive border zones or military installations to protect state security (Official Secrets Act).

By balancing individual liberty with collective societal and security interests, the Constitution ensures cultural preservation and public order without compromising India’s democratic ethos.