Q19.“Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute. “ Comment.

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.

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.

Therefore, while movement and residence are vital rights, their regulated exercise is essential for societal harmony and protecting vulnerable communities.