"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)

The question as printed in the 2022 General Studies paper

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Model answer

Drafted with AI 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. How we build rubrics and answers.

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, which nonetheless required fair procedure before eviction) and remains subject to civic planning. Habitual offenders may also be externed from an area (Gurbachan Singh v. State of Bombay, 1952).

Tribal Protection: Mechanisms like the Inner Line Permit (ILP) in North-Eastern states restrict outside entry and settlement to safeguard indigenous cultures and resources, while Fifth and Sixth Schedule laws bar land transfer to non-tribals.

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

How this answer will be evaluated

Framework: GS2 Paper 2 (Polity & Governance)

What earns full marks: Precise legal analysis of Art 19(1)(e)/(f) with specific examples of restrictions and constitutional context.

Evaluation rubric

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

The answer Contextualize Article 19(1)(d) and (e) 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)(d) and (e) as the source of rights
- Explain 'reasonable restrictions' under Article 19(5)
- Distinguish movement (19(1)(d)) from residence and settlement (19(1)(e))
- 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 Fifth/Sixth Schedule protections and the Inner Line Permit
- Discuss the 'public order' or 'morality' grounds for restriction
- Mention externment of habitual offenders (Gurbachan Singh, 1952)
Extra mark
- Cite a specific Supreme Court judgment (e.g., A.K. Gopalan or Maneka Gandhi)
- Link to inter-state migrant rights (e.g., One Nation One Ration Card)

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.

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