Core Demand of the Question
- Reasons behind Restrictions on Right to Movement (Article 19(1)(d))
- Reasons behind Restrictions on Right to Movement (Article 19(1)(e))
- Concerns arising from the limitations on the right to movement and residence in India
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Answer
The Right to Freedom of Movement and Residence is a fundamental right under Article 19(1)(d) and (e) of the Indian Constitution, allowing citizens to move freely across the country and reside in any part of India. However, these rights are not absolute and are subject to reasonable restrictions under Article 19(5).
Rights to Movement: Reasonable Restrictions
- Public Order and Health: The state can restrict movement to prevent disorder, crime, or health hazards, ensuring stability, especially during emergencies.
Eg: COVID-19 lockdowns and curfews controlled virus spread, prioritizing public health over unrestricted movement.
- National Security Considerations: Movement restrictions in border areas and conflict zones prevent insurgency and terrorism.
Eg: AFSPA limits civilian access for security and law enforcement.
- Environmental and Ecological Protection: Movement is restricted in ecologically sensitive zones to protect biodiversity and indigenous tribes.
Eg: Andaman and Nicobar tribal zones (Sentinelese) are off-limits to prevent external threats and preserve ecosystems.
- Protection of the Rights of Others: Restrictions to prevent individuals from infringing upon the rights of others.
Rights to Residence: Reasonable Restrictions
- Protection of Scheduled Tribes: Special provisions under Schedules V and VI restrict non-tribals from settling in certain areas to preserve indigenous culture and land.
Eg: The Inner Line Permit (ILP) in Arunachal Pradesh, Nagaland, and Mizoram prevents outsider settlement to protect tribal heritage.
- Property Laws: Some states restrict land ownership to safeguard local interests and prevent large-scale acquisitions by outsiders.
Eg: In Himachal Pradesh and Nagaland, non-residents need government approval to purchase land, preventing demographic and economic disruptions.
- Epidemiological & Social Safety Ensure safe and healthy living conditions and uphold community standards.
Eg: Zoning regulations that prohibit hazardous industries near residential areas.
- Economic Well-being of the State: Manage resource allocation and prevent strain on public services.
- Land Use Planning and Development: Regulate land usage and ensure orderly development.
Freedom of movement and residence fosters national integration, but constitutional restrictions for public welfare and tribal protection ensure a balance, making these rights fundamental yet conditional on societal interests.
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