INTRODUCTION

Indian Constitution is called the fusion of fundamental law. It incorporates policies and principal features in the step with which a country works. Constitution makers researched diverse constitutions of various nations and then followed the excellent provisions that intend in conferring “justice”, “equality”, “liberty” and “fraternity” to the Indian citizens. Fundamental Rights which are guaranteed under Part III of the Indian Constitution are adopted from the U.S.A. These rights are special rights conferred best with the citizens of India and it extensively covers all the civil and political rights enumerated within the Universal Declaration of Human Rights.
PN Bhagwati, J. in the landmark case of Maneka Gandhi v. Union of India enunciated that the fundamental rights weave a “pattern of guarantee” that helps in the attainment of moral, spiritual status in the society. In the preamble of the Indian Constitution, it is enumerated that India is a democratic country where the welfare of citizens is of paramount importance and to protect the rights of the citizens’ rule of law is established to ensure that the state is working for the people and in accordance of the law.

ARTICLE 19 – “RIGHT TO FREEDOM”

Article 19 specifies various inherent rights of the Indian Citizens which ensures personal liberty through Freedom of Speech (19(1)(a)), Freedom of Assembly (19(1)(b)), Freedom to form Associations (19(1)(c)), Freedom of Movement (19(1)(d), Freedom to Reside and Settle (19(1)(e)), Freedom of Profession, occupation, trade or business (19(1)(g)). Article 19 is the most critical and significant article embracing the ‘basic freedoms’ Article 19(1) of the Constitution, subject to the force of the State to implement limitations on the activity of specific rights, allows those constitutional rights. Consequently, the object of the Article is to shield these rights from State impedance other than in the legal exercise of its ability to control private rights in the public interest.

FREEDOM OF MOVEMENT

Article 19(1)(d) of the Indian Constitution guarantees right to move freely throughout the territory of India not only this but Indian Citizen can go to any foreign country and has right to come back to India. Though foreigners’ rights to come to India and to return back to their country is not guaranteed in this article but is guaranteed under Article 21 of the Indian Constitution. In the case of Kharak Singh v State of UP, it was enumerated that “the right to move freely includes the right to locomotion which guarantees the right to move wherever one likes, whenever one likes and however one likes”.

Article 19(1) (e) of the Indian Constitution guarantees the right to reside and settle in any part of India. This right enables Indian Citizens to settle anywhere in India depending upon the availability of resources and employment opportunities.
Article 19(5) imposes reasonable restrictions on these rights in order to protect the interest of the public at large and to protect the interest of scheduled tribes.

REASONABLE RESTRICTIONS

Reasonable restriction connotes the limit imposed on an individual in the enjoyment in his right ought not to be discretionary or of an exorbitant nature past what is really needed in the interest of the public. Total disallowance/prohibition at times would be at first sight unconstitutional and here the court needs to practice unique consideration to see that the test of reasonableness is legitimized. A restriction that is imposed for securing the objectives set down in Directive Principles of State Policy might be viewed as reasonable. These Restrictions look to find some kind of harmony between the individual rights ensured and social control.

TO MAINTAIN PUBLIC ORDER

Though freedom of movement is a fundamental right if there is any threat to the safety of the public then reasonable restrictions can be imposed. But all such restrain on public liberty must be for a reasonably limited time period. The virtue of individuals and protection must be kept up with no matter what and should not be disregarded for the sake of support of the rule of law. The rule of the law necessitates that nobody is to be exposed to harsh, uncivilized, or biased treatment in any event, when the goal is the setting of the principal requirements of the rule of law.

WELFARE AND SAFETY OF CITIZENS

If any restriction on movement is imposed to ensure the safety of an individual or to protect the citizens from any harm caused due to such movement then this would be considered a reasonable restriction. For example “Extraordinary times call for extraordinary measures“i.e. restrain of movement due to pandemic situation (Covid-19). A rule made relating to restrain of movement for ensuring safe journey or to prevent an accident is considered as a valid rule and will not infringe fundamental freedom guaranteed in Article 19(1) (d) of the Indian Constitution.

EXTERNMENT ORDER

An order by the District Magistrate or a Police Commissioner to a person to cast off himself from a district for 3 months would be valid because the period of the order is reasonable. Restriction on movement imposed under Section 437 of Code of Criminal Procedure, 1973 or restriction motion imposed on the suspect by a police officer is considered as a reasonable restriction imposed in Article 19(5) of the Indian Constitution. Provided that there must be sufficient reason to believe that there is a threat from the person upon whom a restriction is imposed. Likewise, restrictions on residence imposed on habitual offenders have been upheld. Restrictions imposed on prostitutes to hold on to their change within a specific area and to reside in or circulate from particular areas have been held to be valid.

CONCLUSION

Indian Constitution recognizes that freedom must remain limited in order to ensure public safety and to maintain peace so that an individual can’t misuse his rights. It is true that restrictions need to be imposed but it must be checked that such restrictions are reasonable and don’t break the shield provided to the citizens in the form of Fundamental Rights.

REFERENCES

BOOKS

INDIAN CONSTITUTIONAL LAW by MP JAIN.
CONSTITUTIONAL LAW OF INDIA by J.N. PANDEY.
THE LAW OF CONSTITUTION by A.V. DICEY.
CONSTITUTION OF INDIA (PART II) by Dr. ASHOK JAIN.

LINKS

https://indiankanoon.org/doc/1218090/.
http://www.claiminghumanrights.org/freedom_movement_definition.html.
https://ccivs.org/ccivs-in-action/raising-peace/raising-peace-action/freedom-of-movement-campaign/.
https://samistilegal.in/article-19/.