Right Of Movement Understandable Indiancitizens,buttheserightsarenotabsolute”.Comment.

Under the Indian Constitution, citizens have the right to freedom of movement and residence throughout the territory of India. Article 19(1)(d) guarantees the right to move freely within the country, and Article 19(1)(e) provides for the right to reside and settle in any part of India.

However, it is important to note that these rights are not absolute, as reasonable restrictions can be imposed on them. The Constitution itself acknowledges this and allows for the imposition of restrictions under Article 19(5) and Article 19(6).

Article 19(5) empowers the state to impose reasonable restrictions on the right to movement and residence in the interest of the general public, such as for maintaining public order, ensuring the sovereignty and integrity of India, and protecting the rights and interests of tribal populations. These restrictions can be enforced through laws enacted by the Parliament or state legislatures.

Furthermore, Article 19(6) allows for the imposition of restrictions on the right to movement and residence by the state in the form of reasonable restrictions on the acquisition or holding of property in certain areas.

In practice, these reasonable restrictions are implemented through various laws and regulations. For instance, certain regions or areas may require special permits or permissions for entry or residence, especially in border areas, protected areas, or regions with security concerns. Additionally, during emergencies or times of unrest, temporary restrictions on movement and residence may be imposed to maintain law and order and protect public safety.

Examples :

1. Reasonable Restrictions: The Constitution itself allows for reasonable restrictions on the right to movement and residence. Article 19(5) of the Constitution states that the state can impose reasonable restrictions on the exercise of these rights in the interest of public order, security, sovereignty, and integrity of India.

2. Protected Areas: Certain areas in India, such as border regions or tribal areas, may have restrictions on movement and residence to protect the interests of local communities, national security, or ecological preservation. Laws like the Inner Line Permit (ILP) system in states like Arunachal Pradesh, Nagaland, and Mizoram regulate the entry of non-residents into these areas.

3. Emergency Situations: During times of emergency, such as a state of emergency, curfew, or natural disasters, authorities may impose restrictions on movement and residence to ensure public safety, maintain law and order, or prevent the spread of violence or unrest.

4. Permits and Registrations: In certain circumstances, Indian citizens may be required to obtain permits, registrations, or documents for specific activities or movement. For example, citizens might need permits to visit certain restricted regions, acquire property in certain areas, or engage in specific professions.

5. Security Considerations: The government may impose restrictions on movement and residence in sensitive areas or regions prone to conflicts or threats to national security. These restrictions aim to prevent unauthorized access and ensure the safety of individuals and the nation.

6. Public Health Concerns: In times of public health emergencies, such as disease outbreaks or pandemics, restrictions on movement and residence can be imposed to contain the spread of the disease and protect public health.

Overall, the Indian Constitution guarantees the right of movement and residence to Indian citizens, but these rights are not absolute and can be reasonably restricted in the interest of public order, security, sovereignty, and other legitimate concerns. The specific restrictions and their application can vary depending on the circumstances and are governed by laws enacted by the Parliament and state legislatures.

In summary, while the Indian Constitution guarantees the right of movement and residence to Indian citizens, these rights are not absolute. Reasonable restrictions can be imposed by the state in the interest of public welfare, national security, and the rights of specific populations. These restrictions are permitted under the Constitution and are intended to strike a balance between individual rights and the collective well-being of society.