A person cannot be denied his Fundamental Right to reside anywhere in the country or to move freely throughout the country on flimsy grounds, the Supreme Court has said.

The observation by a bench came while setting aside an externment order against a journalist and social worker issued by the district authorities in Amravati city, Maharashtra.

Externment orders prevent the movement of a person in certain areas.

The Supreme Court said that the drastic action of externment should only be taken in exceptional cases, to maintain law and order in a locality and/or prevent a breach of public tranquility and peace.

Article 19(1)

It deals with protection of certain rights regarding freedom of speech, etc.

19(1) All citizens shall have the right —

a) to freedom of speech and expression

b) to assemble peaceably and without arms

c) to form associations or unions

d) to move freely throughout the territory of India

e) to reside and settle in any part of the territory of India

g) to practise any profession, or to carry on any occupation, trade or business.

• Originally, Article 19(1) contained seven rights. Article 19(1)(f) — the right to acquire, hold and dispose of property — was deleted by the 44th Amendment Act of 1978. 

Freedom of Movement

• Every citizen can move freely from one state to another or from one place to another within a state. 

The State may under clause (5) of Article 19 impose reasonable restriction on the freedom of movement on two grounds

a) In the interests of general public.

b) For the protection of the interest of Scheduled Tribes.

• The entry of outsiders in tribal areas is restricted to protect the distinctive culture, language, customs and manners of scheduled tribes and to safeguard their traditional vocation and properties against exploitation.

• The freedom of movement has two dimensions — internal (right to move inside the country) and external (right to move out of the country and right to come back to the country). Article 19 protects only the first dimension. The second dimension is dealt by Article 21 (right to life and personal liberty).

Freedom of Residence

• Every citizen has the right to reside and settle in any part of the territory of the country. 

• This right is intended to remove internal barriers within the country or between any of its parts. 

• However, under clause (5) of Article 19, reasonable restriction may be imposed on this right by law in the interest of the general public or for the protection of the interest of any Scheduled Tribe.

• The right of outsiders to reside and settle in tribal areas is restricted to protect the distinctive culture, language, customs and manners of scheduled tribes and to safeguard their traditional vocation and properties against exploitation. In many parts of the country, the tribals have been permitted to regulate their property rights in accordance with their customary rules and laws.

• It is to be noted that the right to reside and right to move freely throughout the country are complementary.

• This right is subject to reasonable restrictions imposed by law in the interest of general public or for the protection of the interests of any Scheduled Tribes. 

• Thus, where a prostitute, under the Suppression of Immoral Traffic in Women and Girls Act, 1956, was ordered to remove herself from the limits of a busy city or the restriction was placed on her movement and residence, it was held to be a reasonable restriction.

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