2022 · GS Paper 2 · Q2 · 10 marks

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

In short

The rights of movement and residence under Articles 19(1)(d) and (e) are broad but subject to reasonable restrictions under Article 19(5) for public interest and Scheduled Tribes. The Inner Line Permit in four north-eastern States shows how tribal protection limits outsiders' entry.

Model answer

Ghissu Editorial · Verified 4 Oct 2026

Introduction
Articles 19(1)(d) and 19(1)(e) let every citizen move freely and reside anywhere in India, embodying one citizenship in a Union of States. Article 19(5), however, permits reasonable restrictions, as the COVID-19 lockdown of March 2020 showed.
Why the Freedom Matters for a Single Nation
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One citizenship

With no State citizenship, a worker from Bihar can settle in Kerala on equal terms, which aids national integration.

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Against nativism

Article 16(3) reserves residence conditions for public jobs to Parliament, and in 2023 the Punjab and Haryana High Court struck down Haryana's 75% local quota in private jobs.

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Portable welfare

One Nation One Ration Card makes the right real for internal migrants.

Grounds on Which the Right Is Restricted
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Public order

Gurbachan Singh (1952) upheld externment of dangerous persons, and Section 163 BNSS orders curb movement during unrest.

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Scheduled Tribes

The Inner Line Permit under the 1873 Regulation guards Arunachal Pradesh, Nagaland, Mizoram and Manipur, and Fifth and Sixth Schedule areas limit outsiders' settlement.

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Health and morality

Pandemic quarantine rules, and State of U.P. v. Kaushalya (1964) upholding restraints on sex workers' residence, rest on these grounds.

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Judicial limits

Kharak Singh (1962) struck down night domiciliary visits, and Anuradha Bhasin (2020) demanded proportionate prohibitory orders.

Conclusion
The right is broad but bounded, and courts keep every restriction tied to a listed ground and tested for proportionality. That balance between liberty, tribal protection and public order sustains unity in diversity.

This model answer is indicative and the model can make mistakes; please verify key facts independently.

Hand-drawn map: Inner Line Permit states and free movement. Marked: .
Map: Inner Line Permit states and free movement

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Significant Provisions — Fundamental Rights9 questions

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Question from the official UPSC Civil Services (Main) Examination 2022 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.

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