Answer:
APPROACH AND STRUCTURE
THE INTRODUCTION: Start with the rights provided by the Constitution of India.
THE BODY
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- Then explain the freedom of movement and residence under Right to Freedom
- Then write about the associated restrictions given in Article 19
THE CONCLUSION: Instead of focusing on balancing the rights and exceptions, efforts need to be taken by the state to enable the enjoyment of rights by the citizens.
THE INTRODUCTION:
The constitution is a document that sets limits on the powers of the government and ensures a democratic system in which all persons enjoy certain rights. Part three of the Constitution of India lists Six groups of Fundamental Rights and also mentions the limits on these rights.
THE BODY:
Article 19(1)(d) provides for the right to move freely throughout the territory of India. This means the right to locomotion, i.e., the right to move as per one’s own choice. This right includes the right to use roads and highways. Article 19(1)(e) states that it is the fundamental right of every citizen to reside and settle in any part of the territory of India. Article 19(1)(d) and (e) are complementary to each other and confer a right upon the citizens to move freely and to reside and settle in any part of the country.
As per Article 19(5), the right to freedom of movement and residence could be restricted on the following grounds:
1. In the interests of the general public, or
2. For the protection of the interests of any Scheduled Tribe.
The freedom to move freely and reside and settle in any part of the country not only has significance from the individual point of view but also from the perspective of national unity and integration:
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- For the individual, it provides scope for fulfillment of her life choices and personal decisions relating to all aspects of life.
- It also underscores the idea of Unity in Diversity and psychological integration of citizens despite the differences.
- From an economic point of view, these freedoms bring a unified and integrated national market and labour economy.
- From a social point of view, these freedoms lead to breaking down the barriers of identity factors resulting into reinforcing of the idea of Indianness.
In Chambara soy v. Union of India (2007), the Supreme Court held that the State is liable to pay the compensation for the death of the petitioner’s son due to the inaction on the part of the State authorities in removing the blockage. In the case of U.P. Avas Evam Vikas Parishad v. Friends Co-op. Housing Society Ltd.(1995), it was held by the Supreme Court that the right to residence under Article 19(1)(e) includes the right to shelter and to construct houses for that purpose.
However, these rights are also not absolute and are restricted by laws made by the legislature based on the grounds mentioned in Art 19(5). These restrictions are necessary for balancing the rights of others including the specific socio-cultural practices of the Scheduled Tribes. The entry of outsiders into tribal areas is restricted to protect the distinctive culture, language, customs, and manners of scheduled tribes. The state can also impose restrictions by imposing Section 144 and on the ground of public health as seen in Covid 19 period. But all the restrictions should be reasonable and the Court will look into the reasonableness and if it is found unreasonable will struck it down as seen in the Karnataka HC order holding Section 144 order imposed in Bangalore was illegal during the CAA protests.
THE CONCLUSION:
Although the rights under Art 19 1(d) and (e) are hedged by the restrictions under Art 19(5), the purpose of FRs is to provide rights to people and the restrictions should be exceptions to meet the legitimate interests of the state. Thus, instead of focusing on balancing the rights and exceptions, efforts need to be taken by the state to enable the enjoyment of rights by the citizens.
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