Freedom of movement
Also called: Article 19(1)(d) · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Class 11, Ch 6 "Citizenship"; Class 11, Ch 2 "Rights in the Indian Constitution"
Meaning
Freedom of movement is the right of every citizen to move freely anywhere in India. It comes from Article 19(1)(d) and belongs only to citizens. It helps make India one country, because no state can stop citizens from other states from entering. The State may place reasonable restrictions on it, meaning limits that courts check for fairness. These limits may be in the interest of the general public or to protect Scheduled Tribes.
Example
To protect tribal areas, some regions require outsiders to hold an Inner Line permit before entering. Tribal land laws also limit outsiders. Class 7 NCERT discusses the Dongria Kondh to show why such protection matters.
Don't confuse with
- Freedom of residence (Art. 19(1)(e)): this is the right to live and settle in any part of India. Movement is only about travelling freely.
- Right to life and personal liberty (Art. 21): this protects every person, not only citizens, against unlawful arrest or detention. Freedom of movement is for citizens only and covers moving around inside India.
Related concepts
- Freedom of assembly
- Right to protest
- Prohibitory order
- Freedom of association
- Right to strike
- Freedom of residence
- Freedom of profession
- Anuradha Bhasin case
- Right to access the internet
- Doctrine of proportionality