“Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute.” Comment.
Approach · directive: “comment”
What it asks · Explain the rights in Article 19(1)(d) and (e), and comment on the statutory and judicial restrictions that make them non-absolute.
The question has 2 parts — answer each
- Comment on the freedom: what Article 19(1)(d) and (e) guarantee to citizens and why it matters
- Comment on the limits: the reasonable restrictions under Article 19(5), with examples, and how courts test them
Open with · Article 19(1)(d) and (e) let citizens move freely throughout India and reside and settle in any part, but Article 19(5) allows the State to restrict them.
Cover
- Scope: the rights belong to citizens only, not foreigners, and cover movement within India, supporting livelihood and national unity.
- Grounds: Article 19(5) permits reasonable restrictions for the general public's benefit or to protect the interests of Scheduled Tribes.
- Tribal and border areas: Inner Line Permits (Arunachal Pradesh, Mizoram, Nagaland, Manipur) and land-transfer laws in Scheduled Areas limit entry and settlement.
- Public order and health: curfews, prohibitory orders under Section 144 of the CrPC, externment of habitual offenders, and quarantine or lockdown rules in epidemics.
- Judicial check: restrictions must be reasonable and backed by law; Anuradha Bhasin (2020) required orders under Section 144 to be proportionate, reasoned and reviewable.
- Travel abroad falls under Article 21, not Article 19(1)(d); Satwant Singh Sawhney (1967) and Maneka Gandhi (1978) protect it through fair procedure.
Close with · Freedom of movement is fundamental, but its limits are legitimate when necessary and proportionate; courts must guard against excess.
Add value (verified)
- Article 19(5) permits reasonable restrictions on movement and residence in the interests of the general public or to protect Scheduled Tribes. The Constitution of India (as on 1 May 2024), Article 19(5) — Legislative Department ↗“reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe”
Question: UPSC's CS (Main) 2022, GS Paper II — paper ↗. Approach: Minimalist IAS, checked 30 Sept 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer · 226 words (UPSC limit 150) · Minimalist IAS
Article 19(1)(d) and (e) guarantee every citizen the freedom to move throughout the territory of India and to reside and settle in any part of it. Article 19(5) lets the State limit both, so the freedom is wide but not unconditional.
The freedom and its purpose
- It belongs to citizens alone, not foreigners, and makes the whole country one space for livelihood, migration and settlement, underpinning national unity.
- It covers movement and residence within India; travel abroad is protected by Article 21 through fair procedure (Satwant Singh Sawhney, 1967; Maneka Gandhi, 1978).
Why the rights are not absolute
- Article 19(5) permits reasonable restrictions in the interests of the general public or to protect the interests of Scheduled Tribes.
- Tribal and border areas: Inner Line Permits in Arunachal Pradesh, Mizoram, Nagaland and Manipur, and land-transfer laws in Scheduled Areas, restrict entry and settlement to protect tribal land and culture.
- Public order and health: curfews, prohibitory orders under Section 144 of the CrPC, externment of habitual offenders, and quarantine or lockdown rules in an epidemic.
- Judicial test: a restriction must rest on law and be reasonable and proportionate; Anuradha Bhasin (2020) required Section 144 orders to be reasoned, proportionate and open to review.
Freedom of movement is the rule and restriction the exception; limits are legitimate only when necessary, proportionate and subject to the watch of the courts.
Written by Minimalist IAS from facts checked at source (how we verify) — a little fuller than exam length, so every part of the question is covered; in the hall, keep the structure and trim the detail. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.