Wednesday, 8 May 2019

Freedom of movement

The freedom of movement is a basic right of a human being. Freedom of movement is an important aspect of the right of personal liberty of an individual. Article 19(1)(d) of the Constitution of India protects the freedom of movement of all citizens within the territory of India. Article 19(1)(e) provides all citizens with the right to reside and settle in any part of the territory of the country. However, like all freedoms, the freedoms of movement and settle enshrined under Article 19(1) are also subjected to reasonable restrictions. Article 19(5) provides that the State shall have the power to impose reasonable restrictions upon the freedoms of movement and residence in the interest of the general public or of those of the Scheduled Tribes. Similarly, the freedom of movement is restricted in the army areas in the interest of the security of the country. The provisions of Article 19(1)(d)/(e) do not affect the application of any law in existence or the power of the State to enact any law in order to restrict these freedoms in the interests of the aforesaid groups.

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