"Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute." Comment.

Article 19(1)(d) and Article 19(1)(e) ensures freedom of movement and residence for citizens, respectively, throughout India. However, reasonable restrictions under Article 19(5) can be imposed to protect the interests of the general public and members of Scheduled Tribes (ST).

Example of Reasonable Restrictions  

Residence

• Foreigners can be deported from India for violating rules.       
• Settlement in tribal areas including acquiring land under Sixth Schedule areas are also restricted to protect and preserve indigenous culture of tribes.      
• Guwahati High Court restricted residence and settlement of citizens in the premises of ST to protect them from outside influence.        

Movement

• Externment Order served on citizens to leave a state or district for a certain period due to their ability to stir violence make witnesses hostile.
• During COVID-19 pandemic, freedom of movement was restricted due to fear of spread of the pandemic.
• Inner Line Permit: Prior approval of the respective state governments is necessary to visit areas under Inner Line Permit.

Validation of reasonable restrictions on freedom of residence and movement by the Judiciary has helped to protect the interest of general public and Scheduled Tribes.