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: 

The Constitution of India grants the right of movement and residence to Indian citizens, but these rights are subject to certain limitations and restrictions. In this answer, we will explore the nuances of this right, its limitations, and the legal framework surrounding it.

Right of Movement and Residence in India:

The Constitution of India guarantees the right of movement and residence to its citizens under Article 19(1)(d) which reads as follows:

“Article 19(1)(d): All citizens shall have the right to move freely throughout the territory of India and to reside and settle in any part thereof.”

This means that Indian citizens have the freedom to move and live in any part of the country without any discrimination or hindrance from the state. However, this right is not absolute and can be restricted under certain circumstances.

Limitations to the Right of Movement and Residence in India:

The right to move and reside freely in India can be restricted under certain circumstances. The Constitution itself provides for such restrictions in Article 19(5), which states that:

“Article 19(5): Nothing in sub-clause (d) of the said clause shall affect the operation of any existing law or prevent the State from making any law imposing reasonable restrictions on the exercise of any of the rights conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.”

The above provision allows the state to impose reasonable restrictions on the right to move and reside freely in India for the protection of the following:

Sovereignty and Integrity of India:

The state can impose restrictions on movement and residence to protect the territorial integrity of the country.

Security of the State: The state can impose restrictions on the right to movement and residence to ensure the safety and security of the citizens of the country.

Friendly Relations with Foreign States: The state can impose restrictions on movement and residence to maintain good relations with foreign countries.

Public Order: The state can impose restrictions on movement and residence to maintain law and order in the country.

Decency and Morality: The state can impose restrictions on movement and residence to protect the moral and cultural values of the society.

Contempt of Court, Defamation or Incitement to an Offence: The state can impose restrictions on movement and residence to protect the sanctity of the judiciary and to prevent any act that incites violence or defamation.

Conclusion:

The right to move and reside freely in India is a fundamental right guaranteed by the Constitution of India to its citizens. However, this right is not absolute and can be restricted under certain circumstances, as outlined in Article 19(5) of the Constitution. The state can impose reasonable restrictions on movement and residence to protect the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.