← All questionsGS2 · 2022 · Polity ·Freedom of Movement and Residence: Limits
QUESTION 2
GS2
10 marks

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

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7 min
150 words
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What the examiner wants

Comment on why rights under Article 19(1)(d) and (e) are not absolute, with the grounds and cases for restriction.

CommentGive your own view on the statement and back it with facts and examples.

Demand-wise check

  1. 1The rights: move freely and reside anywhere in India (Article 19(1)(d) and (e))≈35 words
  2. 2Reasonable restrictions under Article 19(5): interests of the general public and protection of Scheduled Tribes≈35 words
  3. 3Examples: Inner Line Permits, Fifth/Sixth Schedule areas, externment orders, COVID lockdowns, J&K before 2019≈35 words

Open in about 20 words and close in about 20.

Answer plan

State the rightsConstitutional limitsExamples and casesTest of reasonablenessConclusion

Where marks usually go

  • Not citing Article 19(5) as the source of restrictions
  • Giving no real-life example of restriction

Draw this

  • Table: restriction → legal basis → example

Value addition

  • Case lawState of U.P. v. Kaushailya (1964): restricting the movement of prostitutes was upheld as reasonable in the public interest.Supreme Court of India, 1964
  • ExampleInner Line Permit under the Bengal Eastern Frontier Regulation, 1873 restricts entry into Arunachal Pradesh, Nagaland, Mizoram and Manipur.Ministry of Home Affairs

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