Freedom With Fences: India's Conditional Guarantee Of Movement And Residence
- IJLLR Journal
- Jul 2
- 2 min read
Aditya Kumar, Dr. Ram Manohar Lohiya National Law University, Lucknow
ABSTRACT
This article discusses the extent and subjectivity of the basic rights of movement and residence as enshrined by Article 19(1)(d) and 19(1)(e) of the Indian Constitution. These rights give Indian citizens the ability to move about freely and reside anywhere in the nation, serving as the basis for personal freedom, economic development, and cultural exchange. But the Constitution also makes provision for reasonable restrictions under Article 19(5) in the public interest, interest of national security, and protection of Scheduled Tribes. These exceptions bring to light the constitutional maxim that every fundamental right is not absolute in character.
The article discusses the fine balance between the freedom of an individual and the concerns of a plural and diverse society such as India. It explores judicial interpretations through path-breaking cases like Kharak Singh v. State of U.P., A.K. Gopalan v. State of Madras, and Govind v. State of M.P., highlighting how courts have handled clashes between state interest and rights of citizens. It also examines the imposition of movement restrictions in different contexts, such as border security, environmental protection, tribal area safeguards under the Fifth and Sixth Schedules, and during public health emergencies like the COVID-19 pandemic.
The article also points to socio-economic repercussions of movement controls, observing their disproportionate incidence on marginalised groups and the potential for exacerbating inequality. It also recognises, however, the need for such controls to stem illegal immigration, maintain ecological balance, and ensure public order.
It stipulates that any limitation should follow the guidelines of proportionality, legality, and non-discrimination, and also be amenable to judicial scrutiny. It ends by espousing a model of governance that preserves fundamental freedom but also safeguards collective well-being and democratic stability. This balanced approach is required in order to preserve the values of the constitution and guarantee justice, liberty, and equality for Indian citizens.
Keywords: Freedom of Movement, Residence Rights, Article 19 of Indian Constitution, Reasonable Restrictions, Scheduled Areas
