Rights to free movement and residence

  • IASbaba
  • August 31, 2021
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UPSC Articles
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Rights to free movement and residence

Part of: GS Prelims and Mains GS-II- Fundamental Rights

Context: The Supreme Court has held that the power of the State to pass an externment order (direction restricting certain people entry to specified areas) should be exercised only in “exceptional cases”.

Key Takeaways

  • The judgment was based on an appeal filed by a journalist, Rahmat Khan, who received an externment order passed by the Maharashtra police. He was banned from entering Amravati City or Amravati rural district for a year.
  • The court said externment orders have their use in maintaining law and order. However, they cannot be employed as retaliatory measure.
  •  A person cannot be denied his fundamental right to reside anywhere in the country or to move freely throughout the country on flimsy grounds

Do You know?

  • Article 19(1)(d) of the Indian Constitution entitles every citizen to move freely throughout the territory of the country.
    • This right is protected against only state action and not private individuals.
    • Moreover, it is available only to the citizens and to shareholders of a company but not to foreigners or legal persons like companies or corporations, etc.
  • According to Article 19(1)(e) of the Constitution, every citizen of India has the right “to reside and settle in any part of the territory of India.”
    • The object of the clause is to remove internal barriers within India or any of its parts.
  • Restrictions on these fundamental rights can only be imposed on two grounds that are mentioned in the Article 19(5) of the constitution -the interests of the general public and the protection of interests of any scheduled tribe.

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