Right to Freedom of Movement and Residence in India under Article 19

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Article 19 (1)(d) entitles every citizen to move freely throughout the territory of the country. He can move freely from one state to another or from one place to another within a state. This right underlines the idea that India is one unit so far as the movement of citizens is concerned. Thus, the purpose is to promote national feeling and not parochialism. 

Reasonable Restrictions on the Right to Freedom of Movement under Article 19(5)

Article 19 (5), provides two grounds of imposing reasonable restrictions on this freedom, namely, the interests of the general public and the protection of interests of any scheduled tribe. 

  • Scheduled tribe: The entry of outsiders in tribal areas can be restricted to protect the distinctive culture, language, customs and manners of scheduled tribes and to safeguard their traditional vocation and properties against exploitation. 
  • Interests of the general public: The Supreme Court held that the freedom of movement of prostitutes can be restricted on the grounds of public health and in the interest of public morals. The Bombay High Court validated the restrictions on the movement of persons affected by AIDS. 
  • Dimensions: The freedom of movement has two dimensions, viz, 
  • Internal i.e. right to move inside the country which is protected by Article 19 
  • External i.e. right to move out of the country and right to come back to the country, which is protected by Art. 21 

 

Freedom of Residence

Article 19 (1)(e) provides every citizen the right to reside and settle in any part of the territory of the country. This right has two parts: 

  • Right to reside in any part of the country, which means to stay at any place temporarily, and 
  • Right to settle in any part of the country, which means to set up a home or domicile at any place permanently. 
  • This right is intended to remove internal barriers within the country or between any of its parts. This promotes nationalism and avoids narrow mindedness. 

 

Reasonable Restrictions on the Right to Residence and Movement under Article 19(5)

Article 19 (5), The imposes reasonable restrictions on the exercise of this right on two grounds, namely, the Interest of the general public and the protection of interests of any scheduled tribes. 

  • Tribal areas: Outsiders’ rights to live and settle in tribal regions may be limited to preserve the unique culture, language, customs, and traditions of scheduled tribes and to protect their traditional livelihoods and properties from exploitation. In various regions across the country, tribal communities have been allowed to manage their property rights based on their customary laws and traditions. 
  • Supreme court ruling: The Supreme Court held that certain areas can be banned for certain kinds of persons like prostitutes and habitual offenders. From the above, it is clear that the right to residence and the right to movement are overlapping to some extent and both are complementary to each other. 

 

Abrogation of Right to Property as a Fundamental Right

Article 19 (1) (f) i.e. the right to acquire, hold and dispose of property was omitted as a Fundamental right by the 44th constitutional amendment act. The amendment removed Article 19 (1) (f) And Article 31 (Right to Property) from the constitution and Article 300 A-Right to property added. Article 300A states that no person shall be deprived of his property save by authority of law. Thus, at present the Right to property is a legal right and not a fundamental right.

 

Right to Practice Any Profession or Business under Article 19(1)(g) 

Article 19 (1) (g) provides that all citizens are given the right to practise any profession or to carry on any occupation, trade or business. This right is very wide as it covers all the means of earning one’s livelihood. 

 

Reasonable Restrictions

Article 19 (6), imposes reasonable restrictions on the exercise of this right in the interest of the general public. 

  • Qualifications for professions: Additionally, the State has the authority to establish professional or technical qualifications that must be met to practice any profession or engage in any occupation, trade, or business. For instance, obtaining a B.Ed degree might be necessary to work as a teacher in schools.
  • Monopoly of the state: Also, the state can carry on by itself any trade, business, industry or service whether to the exclusion (complete or partial) of citizens or otherwise. Thus, no objection can be made when the State carries on a trade, business, industry or service either as a complete or partial monopoly; all or some exclusion of citizens or in competition with any citizen. The state is not required to justify its monopoly. Example: ISRO, Indian Railways etc.

 

This right does not include the right to carry on a profession or business or trade or occupation that is immoral (trafficking in women or children) or dangerous (harmful drugs or explosives, etc,).  The State can absolutely prohibit these or regulate them through licensing. Example: Online Betting etc.

Impact of National Emergency on the Rights under Article 19

  • Automatic suspension: Article 19 is suspended automatically if the proclamation of emergency under Article 352 is on the ground of external aggression, and remains so, as long as emergency is in operation.
  • Non-suspension: However, after the 44th Amendment, it cannot be automatically suspended if the national emergency is declared on the grounds of armed rebellion.

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