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

Answer:

Part III or the constitution provider for the fundamental rights (FPs). Article 19(d) Provide for the freedom to move and reside any where in the territory of India.

No as absolute right:

Constitution provide for two grounds to restrict this right article 19(5):

  • Inconvenience to citizens.
  • Protection of rights of scheduled tribes (STs)

Why it is not an absolute rights

  1. To maintain public order.

Ex: Goonda act prevents movement of criminals

  1. Scheduled tribes have own culture, customs and traditions could cause harm to people.

Ex: American anthropologist killed in Andaman by tribes (Sentinal Tribe)

  1. Protect public health and prevent epidemic from spreading.

Ex: Restrictions on movement under Epidemic disease Act.

  1. Prevention of a class of persons from moving from one state to another

SC restricted movement of prostitutes.

  1. Reduce friction between

 

      However, freedom of movement is needed 

 To enable migration from deficit to surplus, less developed to more developed regions.

  • Promotion of unity, integrity and fraternity as mentioned in the Preamble

Hence, restrictions are needed, but they must be reasonable and proportional

 

 

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