I can live and move anywhere in India - Fundamental Rights

The Supreme Court clarified the limits to what administration can and cannot do, while "externing" people

 I can live and move anywhere in India - Fundamental Rights

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• The story: An appeal was filed by a journalist, Rahmat Khan, who was banned from entering Amravati City or Amravati rural district for a year, due to an externment order passed by the Maharashtra police. He argued he was banned because of his complaints against some madrasas and persons connected to them.
• Supreme Court clarified: While setting aside the externment order, the Supreme Court (SC) ruled that a person’s fundamental right to reside and to move about freely anywhere in India cannot be refused on “flimsy grounds”.

1. Externment orders prevent the movement of a person in certain areas.
2. According to the SC, 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.

• Freedom to move freely throughout India: The Article 19(1)(d) of the Indian Constitution entitles every citizen to move freely throughout the territory of the country. This right is protected against only state action and not private individuals.

1. It is available only to the citizens and to shareholders of a company but not to foreigners or legal persons like companies or corporations, etc.
2. The freedom of movement has two dimensions - (i) internal (right to move inside the country) and (ii) external (right to move out of the country and right to come back to the country).
3. Article 19 protects only the first dimension. The second dimension is dealt by Article 21 (Right to life and personal liberty).

• Restrictions: This freedom can only be restricted on two grounds mentioned in the Article 19(5) of the constitution itself

1. the interests of the general public and
2. the protection of interests of any scheduled tribe.

• For example: The Supreme Court held that the freedom of movement of prostitutes can be restricted on the grounds of public health and in the interest of public morals. 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.
• Freedom to reside and settle in any part of the Territory of India: According to Article 19(1)(e) of the Constitution, every citizen of India has the right "to reside and settle in any part of the territory of India." The object of the clause is to remove internal barriers within India or any of its parts. This right is also subject to reasonable restrictions mentioned in clause (5) of Article 19. The Right to reside and the right to move freely throughout the country are complementary and often go together.
• Article 19: It entails freedom of speech and expression, and implies that every citizen has the right to express his views, opinions, beliefs and convictions freely by word of mouth, writing, printing, picturing or in any other manner. The six rights granted are

Right to freedom of speech and expression
Right to assemble peaceably and without arms
Right to form associations or unions or co-operative societies
Right to move freely throughout the territory of India
Right to reside and settle in any part of the territory of India
Right to practice any profession or to carry on any occupation, trade or business

• Restrictions under Article 19(2): It can be for - Security, Sovereignty and integrity of the country, Friendly relations with foreign countries, Public order, Decency or morality, Hate speech, Defamation, Contempt of court.
• Relevant judgments:

1. Truth and Hate Speech - The SC held that “Historical truths must be depicted without in any way disclosing or encouraging hatred or enmity between different classes or communities.”
2. On Internet - While hearing the case of Internet shutdown in Jammu and Kashmir, the SC refrained from the view on declaring the right to access the Internet as a fundamental right but went on to make the Internet as an integral part of the freedom of expression guaranteed under Article 19(1) of the Constitution. (however, its practical implementation is a far cry for now)
3. Right to Protest - While hearing the case of Shaheen Bagh protests, the SC declared that there is no absolute right to protest, and it could be subjected to the orders of the authority regarding the place and time.
4. Freedom of Press - In Romesh Thapar v. State of Madras case 1950, the SC declared freedom of press as a part of freedom of speech and expression.
5. Right to Information - The SC in "Union of India v. Assn. For Democratic Reforms case 2002" held that the freedom of 'speech and expression' comprises not only the right to express, publish and propagate information, its circulation but also to receive information.
6. Right to Expression Beyond National Boundaries - In the "Maneka Gandhi vs Union of India case 1978", the SC considered whether Article 19(1)(a) of Indian Constitution was confined to Indian territory and held that the freedom of speech and expression is not confined to National boundaries.

• EXAM QUESTIONS: (1) Explain the constitutional sentry role that the Supreme Court of India plays. (2) What are the limits to the fundamental rights granted to Indian citizens? Explain with examples. (2) How far is access to internet a fundamental right in India? Analyse.

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