UPSC Mains 2022 GS2 Q2 — Fundamental 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)
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CDS-II 2009 Right to Constitutional Remedies
Which one of the following rights conferred by the constitution of India is also available to non-citizens?
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CDS-I 2022 Right to Freedom
Article 19(1) of the Constitution of India, as it stands amended, includes which of the following ? 1. Freedom of speech and expression 2. Assemble peaceably and without arms 3. To acquire and dispose property 4. To move freely throughout the territory of India Select the correct answer using the code given below :
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CDS-II 2011 Right to Freedom
Which one among the following is not guaranteed by the Constitution of India ?
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CDS-II 2023 Fundamental Rights framework
Which among the following Fundamental Rights is not suspended when an Emergency is declared?
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NDA-I 2019 Right to Freedom
Fundamental right guaranteed under which one of the following Articles of the Constitution of India is available only to the citizens of India?
Source Map — where to read
"1M ' (iv) Similarly, though every citizen shall have the right to move freely throughout the territory of India or to reside and settle in any part of the country – this right shall be subject to restrictions imposed by the state in the interests of the general public or for the protection of any Scheduled Tribe. (v) Again, a citizen has the right to practise any profession or to carry on any occupation, trade or business, but subject to reasonable restrictions imposed by the state in the interests of the general public and subject to any law laying down qualifications for carrying on any prof…"
"A person born or resident in any State can acquire only one citizenship, namely, that of India and the civic and political rights which are conferred by the Constitution upon the citizens of India can be equally claimed by any citizens of India irrespective of his birth and residence in any part of India. Permanent residence within a State may. however, confer advantages in certain other matters, which should be noted in this context: (a) So far as employments under the Union are concerned, there shall be no qualification for residence within any particular territory, but by Article 16(3) of t…"
"From the above, it is clear that the right to residence and the right to movement are overlapping to some extent. Both are complementary to each other. Freedom of Profession, etc. All citizens are given the right to practise any profession or to carry on any occupation, trade or business. This right is very ,vide as it covers all the means of earning one's livelihood. The State can impose reasonable restrictions on the exercise of this right in the interest of the general public. Further, the State: 'is empowered to: • (a) prescribe professional or technical qualifications necessary for practi…"
"! 2022TEST PAPER • 1. "The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court." Discuss this statement with the help of relevant case laws. [150 words] 10 • 2. "Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute.~ Comment. (150 words] 10 [150 words] 10 • 6. Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State _ Legislature under The Representation of the People Act, …"
"As citizens we have the freedom to travel to any part of the country. We are free to reside and settle in any part of the territory of India. Let us say a person who belongs to the state of Assam wants to start a business in Hyderabad. He may not have any connection with that city, he may not have even seen it ever. Yet as a citizen of India he has the right to set up base there. The Constitution says that no person can be deprived of his life or personal liberty except according to procedure established by law.…"
How this topic is evolving
The 2022 PYQ focused on physical movement and residence under Article 19, but the discourse has since shifted to 'digital movement' and residency within sovereign cyberspace. The Supreme Court's 2025 declaration that digital access is inherent to Article 21, coupled with the Digital Personal Data Protection Act 2023, now frames constitutional rights through the lens of identity-linked security and data localization.
The right to access and participate in digital spaces is increasingly seen as a corollary to the fundamental rights of movement and expression, yet these are subject to stringent sovereign regulations. In light of the IT Rules 2025 and the DPDPA 2023, critically examine the reasonable restrictions on 'digital residence' in India. (Answer in 150 words)
Why this framing: The Supreme Court's 2025 declaration that Digital access is inherent in the Right to Life under Article 21.
Question Decoded — examiner's intent
- Directive verbs
- Comment
- Scope keywords
- Right of movementresidencethroughout the territory of Indiafreely availableIndian citizensnot absolute
- Implicit sub-parts
- The constitutional basis under Article 19(1)(d) and 19(1)(e).
- The scope of 'freedom' regarding inter-state and intra-state movement/residence.
- The specific grounds for 'reasonable restrictions' as defined in Article 19(5).
- Judicial interpretations or case laws that define the boundaries of these rights.
- Common pitfalls
- Focusing only on the 'right' and forgetting to elaborate on the 'restrictions' which is the core of the question.
- Confusing Article 19 movement (domestic) with Article 21 movement (international/passports).
- Failing to mention specific grounds like 'interests of the general public' or 'protection of interests of Scheduled Tribes'.
- Neglecting to mention that these rights are exclusive to citizens and not available to foreigners.
- Dimensions required
- ConstitutionalLegal/StatutorySocial/EthicalSecurity/Internal Administration
- Marks allocation hint
Spend 30 words introducing the Articles and their significance for national integration. Allocate 50 words to explaining the nature of these freedoms. Dedicate the remaining 70 words to the 'Reasonable Restrictions' (Article 19(5)), citing examples like Inner Line Permits, public health, or tribal protection to justify why the rights are not absolute.
How examiners have framed this topic over the years
A steady shift from identifying external inhibitors of rights to critiquing the internal reluctance of state machinery to empower citizens and local institutions.
The examiner’s lens has consistently pivoted around the gap between constitutional/statutory ideals and their ground-level efficacy. Before 2022, framing focused on structural and societal inhibitors, such as the 2015 inquiry into factors blocking the Uniform Civil Code and the 2017/2021 critiques of local governance and Human Rights Commissions' failure against the 'mighty.' The 2022 question on Article 19 introduced a shift toward the 'reasonable restrictions' doctrine, testing the boundaries of individual liberty, which subsequently evolved in 2023 into a targeted critique of state-level reluctance to decentralize financial and functional power to urban bodies.
PYQs this pattern was synthesized from
Answer Skeleton — fill this in
Introduction
Articles 19(1)(d) and 19(1)(e) of the Indian Constitution guarantee citizens the right to move freely and reside/settle anywhere in India, fostering national identity over parochialism. [Laxmikanth, Ch. 7]
Constitutional Basis and Scope
Nature of the Rights
- Article 19(1)(d): Right to move across state boundaries or within a state.
- Article 19(1)(e): Right to reside (temporary) and settle (permanent) in any part of the country.
- Objective: To promote fraternity and remove internal barriers. [NCERT Class XI, Indian Constitution at Work]
Reasonable Restrictions under Article 19(5)
- General Public Interest: Restrictions on movement for public health (e.g., during COVID-19), safety, or public order.
- Scheduled Tribes: Restrictions on entry/residence in tribal areas to protect their unique culture, language, and traditional vocations. [Laxmikanth, Ch. 7]
- Public Morals: Courts have upheld restrictions on movement for certain professionals like sex workers to protect public decency.
Statutory and Regional Exceptions
- Inner Line Permit (ILP): Regulation of entry into specific states like Arunachal Pradesh and Mizoram. [PRS Legislative Research]
- National Security: Prohibitions on entering sensitive zones like military cantonments or border outposts.
- External vs Internal: Article 19 covers only internal movement; external movement falls under Article 21. [Laxmikanth, Ch. 7]
Conclusion
While these rights are vital for economic and social mobility, they are qualified to ensure a balance between individual liberty and collective social interests. A "reasonable" application of restrictions prevents the erosion of cultural diversity and maintains national security.
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