Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute. Comment.
Based on 78 evaluated answers to this question on CollectorBabu: here is what aspirants most often missed, the mistakes that cost marks, and a model answer.
What most aspirants missed
- Article 19(5) is the constitutional basis for restrictions and must be named, with its grounds: general public interest and protection of Scheduled Tribes.
- Specific tribal protection: Fifth and Sixth Schedule areas and the Inner Line Permit system in Northeast states, with Nagaland and Arunachal Pradesh as examples.
- Judicial review: Maneka Gandhi (1978) on fair, just and reasonable procedure, and the reasonableness and proportionality test applied by courts.
- Contrast between citizens and foreigners: Article 19 rights are for citizens only, with the Foreigners Act governing non-citizens.
- Concrete recent examples such as COVID-19 movement curbs, and dated landmark cases like Kharak Singh (1963) for every case cited.
Common mistakes
- Citing the wrong articles, such as Article 21 for movement or 19(1)(a) for residence, instead of 19(1)(d) and 19(1)(e).
- Listing restrictions without linking them to the grounds in Article 19(5) or explaining why they are reasonable.
- Including grounds that do not apply to movement, such as decency or morality, which belong to Article 19(2) for speech.
- Using vague phrases like general interest without naming security, public order or tribal protection.
- Ending with a repetitive or rambling conclusion instead of a balanced summary of liberty and restrictions.
What the better answers did
- Naming Article 19(1)(d), 19(1)(e) and 19(5) clearly in the introduction and body.
- Organising restrictions under clear headings such as public order, tribal protection, security zones and preventive orders.
- Citing dated, verifiable judgments like Kharak Singh (1963) and Maneka Gandhi (1978) with their holdings.
- Explaining the reasonableness test in one or two lines, and distinguishing citizens from foreigners.
Introduction
Open by quoting the constitutional source, Articles 19(1)(d) and (e), and state that Article 19(5) makes these freedoms conditional.
Conclusion
End by stating that restrictions protect public order, security and tribal interests, and that judicial review under the reasonableness test keeps them from becoming arbitrary.
Model answer
Article 19(1)(d) guarantees to all citizens the freedom to move freely throughout the territory of India, and Article 19(1)(e) guarantees the freedom to reside and settle in any part of it. These rights are subject to reasonable restrictions under Article 19(5), which permits limits in the interests of the general public or for the protection of the interests of any Scheduled Tribe. The Constitution therefore treats mobility as a liberty to be balanced, not an unlimited entitlement.
Grounds and forms of restriction
- General public interest: quarantine and lockdown curbs during the COVID-19 pandemic (2020) and curfews during communal riots to maintain public order.
- Protection of Scheduled Tribes: Fifth Schedule areas restrict transfer of tribal land to non-tribals, and Sixth Schedule district councils regulate local administration.
- Security and border regions: Inner Line Permit (ILP) in Arunachal Pradesh, Mizoram and Nagaland, Protected Area Permit in Nagaland and Manipur, and restricted or protected zones near borders.
- Special constitutional provisions: Article 371A protects Nagaland's customary law and land ownership, and Article 370 (now abrogated) limited residence and property rights in Jammu and Kashmir.
- Preventive and externment orders: Goondas Acts and the National Security Act allow authorities to restrict persons' movement where public order is threatened.
Judicial control
- Kharak Singh v State of UP (1963) questioned intrusive surveillance as an invasion of personal liberty.
- Maneka Gandhi v Union of India (1978) held that any restriction must be by a fair, just and reasonable procedure, and that the restriction itself must satisfy the test of reasonableness.
- Courts examine whether a restriction is proportionate to its aim and not arbitrary, so blanket or indefinite curbs can be struck down.
Foreigners and citizens
- Article 19(1)(d) and (e) are available only to citizens. Foreigners' movement and residence are governed by laws such as the Foreigners Act, 1946, and visa regimes, which is why the question speaks of Indian citizens.
Thus the rights are real but conditional. Restrictions serve public order, security and tribal protection, and courts ensure these limits remain reasonable and non-arbitrary, preserving liberty alongside social and national interests.
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