The rights to free movement and residence across India cannot be curtailed on flimsy grounds, a Bench of Justices Indira Banerjee and V. Ramasubramanian held in a judgment.

Freedom of Movement and Residence

• Article 19(1)(d) and (e) of the Indian Constitution guarantees to every citizen of India right to move freely throughout the territory of India and to reside and settle in any Part of the of the Territory of India.
• This right is subject to reasonable restrictions imposed by law in the interest of the general public or for the protection of the interests of any Scheduled Tribes.

(A) Freedom of Movement under Article 19(1)(d)

• All Citizens of India have the right “to move freely throughout the territory of India.
• This Right is, however subject to reasonable restrictions mentioned under Article 19(5).

Restrictions:

• This clause (5) empowers the State to impose reasonable restrictions in the interest of the general public or for the protection of the interest of any Scheduled Tribe.
• Kharak Singh V. State of UP (1963) Case: The Supreme Court held that the right to move freely throughout the territory of India means the right of locomotion which connotes the right to move wherever one likes, and however one likes.
• State of UP V. Kaushalya Case (1964):  In this case, the Supreme court held that the right of movement of prostitutes may be restricted on grounds of Public Health and in the interest of Public Morals.

(B) Freedom of Resident under Article 19(1)(e)

• Article 19(1)(e) of the Indian Constitution guarantees to every citizen of India, the right “to reside and settle in any part of the territory of India”.
• This right is subjected to reasonable restrictions which may be imposed by the State in the interest of the general public or for the protection of the interest of any Scheduled Tribe.

Some facts

• The Freedom of Movement and Residence apply only to citizens of India and not the Foreigners.
• A foreigner cannot claim the right to reside and settle in the country as guaranteed by Article Article 19(1)(e).
• The Government of India has the power to expel foreigners from India.

Why in news, now?

• The Supreme Court has held that the power of the State to pass an externment order or a direction barring certain people entry to specified areas should be exercised only in “exceptional cases”.
• The court said externment orders have their use in maintaining law and order.
• However, they cannot be employed as a vindictive or retaliatory measure.
• The drastic action of externment should only be taken in exceptional cases, to maintain law and order in a locality and/or prevent breach of public tranquility and peace, the court noted.

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Back2Basics: Article 19

Article 19(1) states that All citizens shall have the right:

• (a) to freedom of speech and expression;
• (b) to assemble peaceably and without arms;
• (c) to form associations or unions;
• (d) to move freely throughout the territory of India;
• (e) to reside and settle in any part of the territory of India; and
• (f) omitted
• (g) to practice any profession, or to carry on any occupation, trade, or business

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