"Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute." Comment.
Yes, the statement accurately reflects the constitutional position. Articles 19(1)(d) and (e) of the Indian Constitution indeed guarantee Indian citizens the fundamental rights to move freely throughout the territory of India and to reside and settle in any part of it. This fosters national unity and promotes a common citizenship.
However, these rights are not absolute. Article 19(5) explicitly permits the state to impose "reasonable restrictions" on these freedoms by law. These restrictions can be made in two primary circumstances:
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In the interest of the general public: This includes situations like maintaining public order, public health (e.g., during pandemics, as seen with COVID-19 lockdowns), morality, or national security.
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For the protection of the interests of any Scheduled Tribe: This is crucial to safeguard the distinct culture, traditions, language, land, and economic interests of tribal communities. Examples include Inner Line Permit (ILP) requirements for entry into certain tribal regions in the Northeast, or laws preventing alienation of tribal land to non-tribals.
This constitutional balance ensures that while individual liberty is protected, it does not override collective welfare, public order, or the special needs of vulnerable indigenous communities.
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