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UPSC Mains 2022

“Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute. “ Comment.

General Studies Paper - 2, Topic: Fundamental Rights

Dec 29, 2022

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The statement "Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute" is accurate. Article 19(1)(d) of the Constitution of India guarantees the right to move freely throughout the territory of India and to reside and settle in any part of the country to all Indian citizens. This right is subject to reasonable restrictions that may be imposed by law in the interests of the general public, public order, and the protection of the interests of any Scheduled Tribe.

 

However, while the right to movement and residence is a fundamental right guaranteed to all Indian citizens, it is not an absolute right. This means that the government may impose reasonable restrictions on this right in certain circumstances. For example, the government may restrict the movement of individuals in the interests of public order, or may require individuals to obtain permission to enter certain areas for security or other reasons.

 

Additionally, the government may impose other restrictions on the right to movement and residence, such as requiring individuals to register with local authorities when they move to a new area, or to obtain visas or other documents to enter certain areas. These restrictions must be reasonable and must be justified on the grounds of the general public, public order, or the protection of the interests of any Scheduled Tribe.

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