“Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute. “ Comment.
Introduction
Article 19(1)(d) and (e) of the Indian Constitution guarantee citizens the fundamental rights of free movement and residence throughout India. Crucially, these liberties are not absolute.
Body
Grounds for Restrictions
Article 19(5) permits reasonable restrictions on these rights. Such limitations can be imposed in the interest of the general public or for protecting the interests of any Scheduled Tribe.
Illustrative Examples
Examples include restricting entry into tribal areas to preserve their culture, containing epidemics, or maintaining public order and national security. These measures prioritize collective welfare.
Judicial Scrutiny and Balance
The judiciary critically examines the 'reasonableness' of such restrictions, ensuring proportionality and preventing arbitrariness. This upholds the constitutional balance between individual liberty and broader societal interests.
Conclusion
Therefore, while movement and residence are vital rights, their regulated exercise is essential for societal harmony and protecting vulnerable communities.
135 words · target ~150
The directive 'Comment' requires an explanation and analysis of the given statement, elaborating on both its assertions with supporting arguments and examples.
Suggested structure
Introduction: Constitutional basis of freedom of movement and residence
Availability of Rights: Scope for Indian citizens (Article 19(1)(d) & (e))
Grounds for Restrictions: Constitutional provisions (Article 19(5))
Illustrative Examples of Restrictions
Judicial Scrutiny and Balance
Conclusion: Significance of rights and necessity of limitations
Key points
Article 19(1)(d) and (e) guarantee freedom of movement and residence throughout India to all citizens.
These fundamental rights are not absolute and are subject to reasonable restrictions.
Article 19(5) allows restrictions in the interest of the general public or for the protection of Scheduled Tribes.
Examples include restrictions on entry into tribal areas, areas affected by epidemics, or for public order/security.
The judiciary plays a crucial role in determining the 'reasonableness' of such restrictions.
The balance between individual liberty and collective societal welfare is a key aspect of these provisions.
Common mistakes
Failing to mention specific constitutional articles (19(1)(d), (e), and 19(5)).
Not providing concrete examples of situations where restrictions are applied.
Discussing only the 'availability' or only the 'non-absolute' nature, rather than both.
Confusing these rights with the right to life and personal liberty (Article 21).
Difficulty: Medium — The question requires precise knowledge of specific articles of the Indian Constitution (Article 19(1)(d), (e) and 19(5)), the ability to explain their scope and limitations, and provide relevant examples. It tests both factual recall and analytical understanding of fundamental rights.