“Liberty means freedom to do everything which injures no one else.” (French Declaration of the Rights of Man, 1789). The Right to Movement and Residence under the Indian Constitution embodies this idea of liberty.
Constitutional Provision
Article 19(1)(d) – Right to move freely throughout the territory of India.
Article 19(1)(e) – Right to reside and settle in any part of India.
However, it is not absolute as
Reasonable Restrictions under Article 19(5) – interests of the general public or for the protection of Scheduled Tribes.
Protection of Scheduled Tribes – Restrictions in 5th and 6th Schedules safeguard traditional culture, property rights, and protect tribes from exploitation by outsiders.
Security of State – Eg – Restrictions under AFSPA in disturbed regions.
Public Order – Curfews, preventive detention, or restrictions during riots.
Judicial Endorsement – Eg – State of UP v. Kaushailiya (1964) upheld restrictions on movement of prostitutes to protect public health and morality.
Pandemic Situations – During COVID-19 lockdowns, freedom of movement was restricted to control spread of the virus.
Inner Line Permit (ILP) – Required in certain north-eastern states; prior approval of state government needed to protect local interests.
Foreigners – Can be deported for violating rules, even though citizens enjoy freedom of residence.
“Liberty is not a license, but is regulated freedom.” Ensuring individual liberty while safeguarding collective interests reflects balanced constitutionalism.