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General Studies 2022 GS Paper II 10 marks 150 words Compulsory Comment

GS Paper II — Q2

"Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights…

"Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute." Comment. (Answer in 150 words) 10 marks

हिंदी में प्रश्न पढ़ें

"भारत के सम्पूर्ण क्षेत्र में निवास करने और विचरण करने का अधिकार स्वतंत्र रूप से सभी भारतीय नागरिकों को उपलब्ध है, किन्तु ये अधिकार असीम नहीं हैं।" टिप्पणी कीजिए। (150 शब्दों में उत्तर दीजिए)

Q2 of the 2022 UPSC Mains General Studies GS Paper II, as printed
The question as printed in the 2022 General Studies paper
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Model answer

Written by UPSC Answer Check against this question's marking rubric, to the 150-word length. UPSC does not publish answers for Mains — this is one way to score well, not an official key.

Articles 19(1)(d) and 19(1)(e) guarantee citizens the right to move freely and reside anywhere within India, promoting national integration. However, these rights are qualified, not absolute.

Article 19(5) empowers the State to enforce reasonable restrictions on two distinct grounds: the interest of the general public and the protection of Scheduled Tribes.

Public Order, Health, and Safety: Movement can be curtailed to manage emergencies, as demonstrated during COVID-19 lockdowns, or regulated on grounds of public health and morality (State of U.P. v. Kaushalya Devi). Furthermore, the right to residence does not sanction unlawful encroachments on public lands (Olga Tellis case) and remains subject to civic planning (Shantistar Builders case).

Tribal Protection: Mechanisms like the Inner Line Permit (ILP) in North-Eastern states restrict outside entry and settlement to safeguard indigenous cultures and resources, a balance evident in CAA/NRC debates.

Ultimately, qualifying these rights maintains a vital constitutional equilibrium between individual liberty and collective welfare.

What "Comment" is asking you to do

Take a position on the statement and support it. Comment usually attaches to a quoted line in the short slots, so the reasoning must be compressed — an opening view, a few load-bearing reasons, and the limit of the claim.

Structure that answers it

Unpack what the statement asserts → your stance → two or three supporting reasons → the qualification that limits it

Where marks are lost

Neutral summary; a comment without a stance has not answered. Equally costly is accepting the quoted line wholesale and never testing where it fails.

All UPSC directive words, compared →

How this answer will be evaluated

Approach

Framework: GS2 Paper 2 (Polity & Governance). comment: context > arguments both sides > judgment > close Full marks: Precise legal analysis of Art 19(1)(e)/(f) with specific examples of restrictions and constitutional context.

Key points expected

  • Cite Article 19(1)(e) and (f) as the source of rights
  • Explain 'reasonable restrictions' under Article 19(5)
  • Distinguish between 'residence' and 'settlement' (Article 19(1)(f))
  • Provide a specific example of a restriction (e.g., tribal areas, security)

Evaluation rubric

Each sub-part is marked on its own, against the marks and word limit printed on the paper.

  1. The answer Contextualize Article 19(1)(e) and (f) and justify the constitutional limits on these rights. 10 marks · 150 words

    comment— context → arguments both sides → judgment → close

    Must cover

    • Cite Article 19(1)(e) and (f) as the source of rights
    • Explain 'reasonable restrictions' under Article 19(5)
    • Distinguish between 'residence' and 'settlement' (Article 19(1)(f))
    • Provide a specific example of a restriction (e.g., tribal areas, security)

    Loses marks

    • Reciting the text of Article 19 without analysis
    • Treating the rights as absolute without mentioning restrictions
    • Confusing 'movement' with 'residence' or 'settlement'

    Earns more

    • Mention the 44th Amendment (1978) changes to Article 19
    • Reference the 10th Schedule (Anti-defection) or Article 31A/B/C
    • Discuss the 'public order' or 'morality' grounds for restriction
    • Mention the 14th Amendment (1962) regarding tribal areas

    Extra mark

    • Cite a specific Supreme Court judgment (e.g., A.K. Gopalan or Maneka Gandhi)
    • Reference the 2nd ARC or Law Commission recommendations on internal migration

Practice this exact question

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