Q2
"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
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)
Directive word: Comment
This question asks you to comment. The directive word signals the depth of analysis expected, the structure of your answer, and the weight of evidence you must bring.
See our UPSC directive words guide for a full breakdown of how to respond to each command word.
How this answer will be evaluated
Approach
The directive 'Comment' requires a balanced, analytical response that acknowledges both the constitutional guarantee and its qualified nature. Structure: brief introduction affirming Article 19(1)(d) and (e) → body explaining constitutional provisions with reasonable restrictions under Article 19(5) → conclusion on balancing individual liberty with public interest.
Key points expected
- Article 19(1)(d) guarantees freedom of movement and 19(1)(e) guarantees residence throughout India
- Article 19(5) permits reasonable restrictions in interest of general public or protection of Scheduled Tribes
- Key case laws: Shantistar Builders (1989), Olga Tellis (1985), or State of U.P. v. Kaushalya Devi
- Specific restrictions: ILP in NE states, CAA/NRC debates, COVID-19 lockdown restrictions, eviction of encroachers
- Balance between individual liberty and collective interests like public order, morality, tribal rights
Evaluation rubric
| Dimension | Weight | Max marks | Excellent | Average | Poor |
|---|---|---|---|---|---|
| Demand-directive understanding | 20% | 2 | Correctly interprets 'Comment' as requiring balanced analysis of both 'freely available' and 'not absolute' aspects; addresses the tension without being one-sided | Addresses both aspects but treats them sequentially without analytical integration; or slightly imbalanced treatment | Misinterprets directive as 'describe' or 'explain'; treats only one side (either freedom or restrictions) dominantly |
| Content depth & accuracy | 20% | 2 | Precisely cites Articles 19(1)(d), 19(1)(e), 19(5); explains 'reasonable restrictions' doctrine; mentions ILP/CAA/COVID context accurately | Mentions correct articles but vague on 'reasonable restrictions' test; or conflates with other fundamental rights | Wrong articles cited (e.g., 21, 14); confuses with foreigners' rights; factually incorrect on restrictions |
| Structure & flow | 20% | 2 | Compact 150-word structure with clear thesis-antithesis-synthesis; smooth transitions between constitutional guarantee and limitations | Basic intro-body-conclusion but uneven weightage; or abrupt shifts without connectives | Disorganized; no clear paragraphing; exceeds word limit significantly or severely underwrites |
| Examples / case-law / data | 20% | 2 | Cites 2+ specific examples: Shantistar Builders (right to shelter linked), ILP states (Arunachal/Mizoram), COVID-19 restrictions, or CAA debates; case names accurate | One generic example (e.g., 'lockdown') without specificity; or mentions 'Supreme Court said' without case name | No examples; or invented case laws; irrelevant examples like Right to Privacy or Aadhaar without connection |
| Conclusion & analytical edge | 20% | 2 | Synthesizes with mature observation: restrictions must be 'reasonable' (proportionality test), not arbitrary; or notes contemporary relevance (CAA, migrant crisis) | Generic conclusion repeating introduction; or mere summary without forward-looking insight | No conclusion; or contradictory ending; or normative statement without analytical basis (e.g., 'government should protect rights') |
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