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The application and implementation of the Article 19 (All citizens shall have the right to move freely throughout the territory of India subject to reasonable conditions) on the people of India can be seen from two angles. In Ebrahim Vazir Mavat vs. State of Bombay, the judgment under the Influx from Pakistan (Control) Act, 1949 showed that the Supreme Court would not be convinced regarding the existence of ""emergent circumstances"" to justify the denial of the right upon the subjective satisfaction of the government or any of its officers.
On the other side, however, was the dissenting note on the same issue by the legendary chief justice, Sudhi Ranjan Das, who had this to say: ""Suppose an Indian citizen, no matter whether a Hindu or a Muslim, had entered India from Pakistan without a permit and suppose he was... engaged in espionage in the interest of Pakistan; would it have been safe enough... to have only prosecuted him under section 5 and inflicted on him a fine of rupees one thousand or a term of imprisonment not exceeding a year and then to have left him free after the term of imprisonment was over, to surreptitiously carry on his nefarious activities of espionage and sabotage against our State while embarking upon a protracted judicial inquiry to ascertain the truth or otherwise of his claim to Indian citizenship?"" The dissenting voice is fair and objective too. ""In the interests of general public"" free movement of citizens could be curbed. Is this the case today?
We may again see the types of citizens whose right to free movement have been curbed in the past. Thus restrictions to protect the interests of scheduled tribes have been stipulated for the aboriginal tribes with their distinct culture, language and customs. Unrestricted entry of 'outsiders' in areas inhabited by the tribal folks might jeopardize their very existence and interests, as is shown by the supreme court.
Restrictions on the free movement imposed on prostitutes to carry on their trade within a specified area and to reside in or move from particular areas have been held to be valid. Restrictions on residence imposed on habitual offenders have been upheld by the courts as being reasonable. Again ""restrictions on the movements of persons afflicted with AIDS have been held by Bombay High Court to be valid”.
The four-day ban on free movement of citizens of India on a Calcutta road once again brings to light the problems of fundamental rights, which more often than not have been flouted, arbitrarily, for enforcement of political strength. But West Bengal is not the only state to do what it has done regarding the Constitution. There are others too. And there is competition, as the show goes on.
The government denied permission for a peaceful political protest citing no reasons but for the benefit of the public at large and the organisers of the protest moved to the court on the grounds that their freedom of movement and free speech are restricted on groundless and far-fetched reasons. Which of the following would likely be the outcome of the case if we apply the principles laid down in the passage?
  • a)
    The action of the state would be valid because the state has the authority to grant and deny permission.
  • b)
    The action of the state would not be valid because restrictions imposed on the free movement are immoral.
  • c)
    The action of the state would be valid because freedom of movement is not absolute.
  • d)
    The action of the state would not be valid because the reasons cited by the government were subjective.
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
The application and implementation of the Article 19 (All citizens sh...
According to the judgement in the Ebrahim Vazir Mavat vs. State of Bombay case, the denial based on the subjective satisfaction of the government is not justified.
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The application and implementation of the Article 19 (All citizens sh...
Explanation:

Validity of the action:
- The action of the state in denying permission for a peaceful political protest without citing any reasons can be challenged on the grounds of violating the fundamental rights of freedom of movement and free speech.
- The government's reasons for denying permission were not provided, making the decision appear arbitrary and unreasonable.

Principles from the passage:
- The passage highlights that restrictions on the free movement of citizens can be imposed for valid reasons, such as in the case of protecting the interests of the public at large.
- However, restrictions must be reasonable and not based on subjective or far-fetched reasons.

Outcome of the case:
- In this scenario, the action of the state would likely not be considered valid because the reasons cited for denying permission were not provided.
- The government must provide valid and justifiable reasons for imposing restrictions on fundamental rights, such as freedom of movement and free speech.
- Without proper justification, the state's actions could be deemed arbitrary and in violation of the constitutional rights of the citizens.
Therefore, based on the principles laid down in the passage, the outcome of the case would likely be in favor of the organizers of the protest, as the state failed to provide valid reasons for restricting their fundamental rights.
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The application and implementation of the Article 19 (All citizens shall have the right to move freely throughout the territory of India subject to reasonable conditions) on the people of India can be seen from two angles. In Ebrahim Vazir Mavat vs. State of Bombay, the judgment under the Influx from Pakistan (Control) Act, 1949 showed that the Supreme Court would not be convinced regarding the existence of ""emergent circumstances"" to justify the denial of the right upon the subjective satisfaction of the government or any of its officers.On the other side, however, was the dissenting note on the same issue by the legendary chief justice, Sudhi Ranjan Das, who had this to say: ""Suppose an Indian citizen, no matter whether a Hindu or a Muslim, had entered India from Pakistan without a permit and suppose he was... engaged in espionage in the interest of Pakistan; would it have been safe enough... to have only prosecuted him under section 5 and inflicted on him a fine of rupees one thousand or a term of imprisonment not exceeding a year and then to have left him free after the term of imprisonment was over, to surreptitiously carry on his nefarious activities of espionage and sabotage against our State while embarking upon a protracted judicial inquiry to ascertain the truth or otherwise of his claim to Indian citizenship?"" The dissenting voice is fair and objective too. ""In the interests of general public"" free movement of citizens could be curbed. Is this the case today?We may again see the types of citizens whose right to free movement have been curbed in the past. Thus restrictions to protect the interests of scheduled tribes have been stipulated for the aboriginal tribes with their distinct culture, language and customs. Unrestricted entry of 'outsiders' in areas inhabited by the tribal folks might jeopardize their very existence and interests, as is shown by the supreme court.Restrictions on the free movement imposed on prostitutes to carry on their trade within a specified area and to reside in or move from particular areas have been held to be valid. Restrictions on residence imposed on habitual offenders have been upheld by the courts as being reasonable. Again ""restrictions on the movements of persons afflicted with AIDS have been held by Bombay High Court to be valid”.The four-day ban on free movement of citizens of India on a Calcutta road once again brings to light the problems of fundamental rights, which more often than not have been flouted, arbitrarily, for enforcement of political strength. But West Bengal is not the only state to do what it has done regarding the Constitution. There are others too. And there is competition, as the show goes on.In the same case, what would be the case if we apply the principle laid down by Justice Sudhi Ranjan Das?

The application and implementation of the Article 19 (All citizens shall have the right to move freely throughout the territory of India subject to reasonable conditions) on the people of India can be seen from two angles. In Ebrahim Vazir Mavat vs. State of Bombay, the judgment under the Influx from Pakistan (Control) Act, 1949 showed that the Supreme Court would not be convinced regarding the existence of ""emergent circumstances"" to justify the denial of the right upon the subjective satisfaction of the government or any of its officers.On the other side, however, was the dissenting note on the same issue by the legendary chief justice, Sudhi Ranjan Das, who had this to say: ""Suppose an Indian citizen, no matter whether a Hindu or a Muslim, had entered India from Pakistan without a permit and suppose he was... engaged in espionage in the interest of Pakistan; would it have been safe enough... to have only prosecuted him under section 5 and inflicted on him a fine of rupees one thousand or a term of imprisonment not exceeding a year and then to have left him free after the term of imprisonment was over, to surreptitiously carry on his nefarious activities of espionage and sabotage against our State while embarking upon a protracted judicial inquiry to ascertain the truth or otherwise of his claim to Indian citizenship?"" The dissenting voice is fair and objective too. ""In the interests of general public"" free movement of citizens could be curbed. Is this the case today?We may again see the types of citizens whose right to free movement have been curbed in the past. Thus restrictions to protect the interests of scheduled tribes have been stipulated for the aboriginal tribes with their distinct culture, language and customs. Unrestricted entry of 'outsiders' in areas inhabited by the tribal folks might jeopardize their very existence and interests, as is shown by the supreme court.Restrictions on the free movement imposed on prostitutes to carry on their trade within a specified area and to reside in or move from particular areas have been held to be valid. Restrictions on residence imposed on habitual offenders have been upheld by the courts as being reasonable. Again ""restrictions on the movements of persons afflicted with AIDS have been held by Bombay High Court to be valid”.The four-day ban on free movement of citizens of India on a Calcutta road once again brings to light the problems of fundamental rights, which more often than not have been flouted, arbitrarily, for enforcement of political strength. But West Bengal is not the only state to do what it has done regarding the Constitution. There are others too. And there is competition, as the show goes on.The government laid two roads up the hill, one passing through a tribal area and the other a 4-lane ghat road bypassing the tribal area. Due to a hurricane, trees fell on the ghat roads and the traffic piled up on that road as it was a long weekend where people planned a 4-day stay up the hill. When the members of the traffic requested the police to open access to the road through the tribal area, the government denied. If a member in the traffic sued the government stating that since they are government roads, they cannot be restricted from using these roads, which of the following would be the outcome of the judgment?

The application and implementation of the Article 19 (All citizens shall have the right to move freely throughout the territory of India subject to reasonable conditions) on the people of India can be seen from two angles. In Ebrahim Vazir Mavat vs. State of Bombay, the judgment under the Influx from Pakistan (Control) Act, 1949 showed that the Supreme Court would not be convinced regarding the existence of ""emergent circumstances"" to justify the denial of the right upon the subjective satisfaction of the government or any of its officers.On the other side, however, was the dissenting note on the same issue by the legendary chief justice, Sudhi Ranjan Das, who had this to say: ""Suppose an Indian citizen, no matter whether a Hindu or a Muslim, had entered India from Pakistan without a permit and suppose he was... engaged in espionage in the interest of Pakistan; would it have been safe enough... to have only prosecuted him under section 5 and inflicted on him a fine of rupees one thousand or a term of imprisonment not exceeding a year and then to have left him free after the term of imprisonment was over, to surreptitiously carry on his nefarious activities of espionage and sabotage against our State while embarking upon a protracted judicial inquiry to ascertain the truth or otherwise of his claim to Indian citizenship?"" The dissenting voice is fair and objective too. ""In the interests of general public"" free movement of citizens could be curbed. Is this the case today?We may again see the types of citizens whose right to free movement have been curbed in the past. Thus restrictions to protect the interests of scheduled tribes have been stipulated for the aboriginal tribes with their distinct culture, language and customs. Unrestricted entry of 'outsiders' in areas inhabited by the tribal folks might jeopardize their very existence and interests, as is shown by the supreme court.Restrictions on the free movement imposed on prostitutes to carry on their trade within a specified area and to reside in or move from particular areas have been held to be valid. Restrictions on residence imposed on habitual offenders have been upheld by the courts as being reasonable. Again ""restrictions on the movements of persons afflicted with AIDS have been held by Bombay High Court to be valid”.The four-day ban on free movement of citizens of India on a Calcutta road once again brings to light the problems of fundamental rights, which more often than not have been flouted, arbitrarily, for enforcement of political strength. But West Bengal is not the only state to do what it has done regarding the Constitution. There are others too. And there is competition, as the show goes on.When a citizen tested positive for disease that rapidly-spreads when he comes in contact, even remote, with other humans and animals, the government imposed restriction on his movement and forced him to quarantine for three weeks. After the quarantine, he moved to the court challenging the imposition of restriction. What would likely be the outcome of the case?

The application and implementation of the Article 19 (All citizens shall have the right to move freely throughout the territory of India subject to reasonable conditions) on the people of India can be seen from two angles. In Ebrahim Vazir Mavat vs. State of Bombay, the judgment under the Influx from Pakistan (Control) Act, 1949 showed that the Supreme Court would not be convinced regarding the existence of ""emergent circumstances"" to justify the denial of the right upon the subjective satisfaction of the government or any of its officers.On the other side, however, was the dissenting note on the same issue by the legendary chief justice, Sudhi Ranjan Das, who had this to say: ""Suppose an Indian citizen, no matter whether a Hindu or a Muslim, had entered India from Pakistan without a permit and suppose he was... engaged in espionage in the interest of Pakistan; would it have been safe enough... to have only prosecuted him under section 5 and inflicted on him a fine of rupees one thousand or a term of imprisonment not exceeding a year and then to have left him free after the term of imprisonment was over, to surreptitiously carry on his nefarious activities of espionage and sabotage against our State while embarking upon a protracted judicial inquiry to ascertain the truth or otherwise of his claim to Indian citizenship?"" The dissenting voice is fair and objective too. ""In the interests of general public"" free movement of citizens could be curbed. Is this the case today?We may again see the types of citizens whose right to free movement have been curbed in the past. Thus restrictions to protect the interests of scheduled tribes have been stipulated for the aboriginal tribes with their distinct culture, language and customs. Unrestricted entry of 'outsiders' in areas inhabited by the tribal folks might jeopardize their very existence and interests, as is shown by the supreme court.Restrictions on the free movement imposed on prostitutes to carry on their trade within a specified area and to reside in or move from particular areas have been held to be valid. Restrictions on residence imposed on habitual offenders have been upheld by the courts as being reasonable. Again ""restrictions on the movements of persons afflicted with AIDS have been held by Bombay High Court to be valid”.The four-day ban on free movement of citizens of India on a Calcutta road once again brings to light the problems of fundamental rights, which more often than not have been flouted, arbitrarily, for enforcement of political strength. But West Bengal is not the only state to do what it has done regarding the Constitution. There are others too. And there is competition, as the show goes on.Which of the following statements is the author of the given passage most likely to agree with?

Directions: Read the following passage and answer the question.The Constitution of India guarantees to all its citizens certain fundamental freedoms, which are recognized as their fundamental rights. However, these fundamental freedoms guaranteed by the Constitution of India are not absolute as no right can be. Each of these fundamental rights is liable to be controlled, curtailed and regulated to some extent by laws made by the Parliament or the State Legislatures. Accordingly, the Constitution of India lays down the grounds and the purposes for which a legislature can impose reasonable restrictions on the rights guaranteed to citizens. The State cannot travel beyond the contours of these reasonable restrictions in curbing the fundamental rights guaranteed to citizens. While determining the constitutional validity of a restriction imposed on a fundamental right by a legislation, the Court is not concerned with the necessity of the restriction or the wisdom of the policy underlying it, but only whether the restriction is in excess of the requirement, and whether the legislature has overstepped the Constitutional limitations. Two of the fundamental rights guaranteed to every citizen of India are- the right to move freely throughout the territory of India and the right to reside and settle in any part of India. However, the State may impose reasonable restrictions on these rights by law, in the interests of the general public or for the protection of the interests of any Scheduled tribes.Q.The appropriate authority in a State passed an externment order against Mr. A, a citizen of India. The externment order prohibited Mr. A, from residing within the State, from the date specified in such order. The externment order was passed by virtue of powers conferred on the appropriate authority by law, and the constitutional validity of this law had been upheld by the Supreme Court of India. The externment order was passed on the ground that Mr. A was found to be frequently engaged in illegal business of narcotic drugs and was also involved in several cases of riot and criminal intimidation. In the given situation, which of the following statements is correct regarding the externment order?

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The application and implementation of the Article 19 (All citizens shall have the right to move freely throughout the territory of India subject to reasonable conditions) on the people of India can be seen from two angles. In Ebrahim Vazir Mavat vs. State of Bombay, the judgment under the Influx from Pakistan (Control) Act, 1949 showed that the Supreme Court would not be convinced regarding the existence of ""emergent circumstances"" to justify the denial of the right upon the subjective satisfaction of the government or any of its officers.On the other side, however, was the dissenting note on the same issue by the legendary chief justice, Sudhi Ranjan Das, who had this to say: ""Suppose an Indian citizen, no matter whether a Hindu or a Muslim, had entered India from Pakistan without a permit and suppose he was... engaged in espionage in the interest of Pakistan; would it have been safe enough... to have only prosecuted him under section 5 and inflicted on him a fine of rupees one thousand or a term of imprisonment not exceeding a year and then to have left him free after the term of imprisonment was over, to surreptitiously carry on his nefarious activities of espionage and sabotage against our State while embarking upon a protracted judicial inquiry to ascertain the truth or otherwise of his claim to Indian citizenship?"" The dissenting voice is fair and objective too. ""In the interests of general public"" free movement of citizens could be curbed. Is this the case today?We may again see the types of citizens whose right to free movement have been curbed in the past. Thus restrictions to protect the interests of scheduled tribes have been stipulated for the aboriginal tribes with their distinct culture, language and customs. Unrestricted entry of 'outsiders' in areas inhabited by the tribal folks might jeopardize their very existence and interests, as is shown by the supreme court.Restrictions on the free movement imposed on prostitutes to carry on their trade within a specified area and to reside in or move from particular areas have been held to be valid. Restrictions on residence imposed on habitual offenders have been upheld by the courts as being reasonable. Again ""restrictions on the movements of persons afflicted with AIDS have been held by Bombay High Court to be valid”.The four-day ban on free movement of citizens of India on a Calcutta road once again brings to light the problems of fundamental rights, which more often than not have been flouted, arbitrarily, for enforcement of political strength. But West Bengal is not the only state to do what it has done regarding the Constitution. There are others too. And there is competition, as the show goes on.The government denied permission for a peaceful political protest citing no reasons but for the benefit of the public at large and the organisers of the protest moved to the court on the grounds that their freedom of movement and free speech are restricted on groundless and far-fetched reasons. Which of the following would likely be the outcome of the case if we apply the principles laid down in the passage?a)The action of the state would be valid because the state has the authority to grant and deny permission.b)The action of the state would not be valid because restrictions imposed on the free movement are immoral.c)The action of the state would be valid because freedom of movement is not absolute.d)The action of the state would not be valid because the reasons cited by the government were subjective.Correct answer is option 'D'. Can you explain this answer?
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The application and implementation of the Article 19 (All citizens shall have the right to move freely throughout the territory of India subject to reasonable conditions) on the people of India can be seen from two angles. In Ebrahim Vazir Mavat vs. State of Bombay, the judgment under the Influx from Pakistan (Control) Act, 1949 showed that the Supreme Court would not be convinced regarding the existence of ""emergent circumstances"" to justify the denial of the right upon the subjective satisfaction of the government or any of its officers.On the other side, however, was the dissenting note on the same issue by the legendary chief justice, Sudhi Ranjan Das, who had this to say: ""Suppose an Indian citizen, no matter whether a Hindu or a Muslim, had entered India from Pakistan without a permit and suppose he was... engaged in espionage in the interest of Pakistan; would it have been safe enough... to have only prosecuted him under section 5 and inflicted on him a fine of rupees one thousand or a term of imprisonment not exceeding a year and then to have left him free after the term of imprisonment was over, to surreptitiously carry on his nefarious activities of espionage and sabotage against our State while embarking upon a protracted judicial inquiry to ascertain the truth or otherwise of his claim to Indian citizenship?"" The dissenting voice is fair and objective too. ""In the interests of general public"" free movement of citizens could be curbed. Is this the case today?We may again see the types of citizens whose right to free movement have been curbed in the past. Thus restrictions to protect the interests of scheduled tribes have been stipulated for the aboriginal tribes with their distinct culture, language and customs. Unrestricted entry of 'outsiders' in areas inhabited by the tribal folks might jeopardize their very existence and interests, as is shown by the supreme court.Restrictions on the free movement imposed on prostitutes to carry on their trade within a specified area and to reside in or move from particular areas have been held to be valid. Restrictions on residence imposed on habitual offenders have been upheld by the courts as being reasonable. Again ""restrictions on the movements of persons afflicted with AIDS have been held by Bombay High Court to be valid”.The four-day ban on free movement of citizens of India on a Calcutta road once again brings to light the problems of fundamental rights, which more often than not have been flouted, arbitrarily, for enforcement of political strength. But West Bengal is not the only state to do what it has done regarding the Constitution. There are others too. And there is competition, as the show goes on.The government denied permission for a peaceful political protest citing no reasons but for the benefit of the public at large and the organisers of the protest moved to the court on the grounds that their freedom of movement and free speech are restricted on groundless and far-fetched reasons. Which of the following would likely be the outcome of the case if we apply the principles laid down in the passage?a)The action of the state would be valid because the state has the authority to grant and deny permission.b)The action of the state would not be valid because restrictions imposed on the free movement are immoral.c)The action of the state would be valid because freedom of movement is not absolute.d)The action of the state would not be valid because the reasons cited by the government were subjective.Correct answer is option 'D'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about The application and implementation of the Article 19 (All citizens shall have the right to move freely throughout the territory of India subject to reasonable conditions) on the people of India can be seen from two angles. In Ebrahim Vazir Mavat vs. State of Bombay, the judgment under the Influx from Pakistan (Control) Act, 1949 showed that the Supreme Court would not be convinced regarding the existence of ""emergent circumstances"" to justify the denial of the right upon the subjective satisfaction of the government or any of its officers.On the other side, however, was the dissenting note on the same issue by the legendary chief justice, Sudhi Ranjan Das, who had this to say: ""Suppose an Indian citizen, no matter whether a Hindu or a Muslim, had entered India from Pakistan without a permit and suppose he was... engaged in espionage in the interest of Pakistan; would it have been safe enough... to have only prosecuted him under section 5 and inflicted on him a fine of rupees one thousand or a term of imprisonment not exceeding a year and then to have left him free after the term of imprisonment was over, to surreptitiously carry on his nefarious activities of espionage and sabotage against our State while embarking upon a protracted judicial inquiry to ascertain the truth or otherwise of his claim to Indian citizenship?"" The dissenting voice is fair and objective too. ""In the interests of general public"" free movement of citizens could be curbed. Is this the case today?We may again see the types of citizens whose right to free movement have been curbed in the past. Thus restrictions to protect the interests of scheduled tribes have been stipulated for the aboriginal tribes with their distinct culture, language and customs. Unrestricted entry of 'outsiders' in areas inhabited by the tribal folks might jeopardize their very existence and interests, as is shown by the supreme court.Restrictions on the free movement imposed on prostitutes to carry on their trade within a specified area and to reside in or move from particular areas have been held to be valid. Restrictions on residence imposed on habitual offenders have been upheld by the courts as being reasonable. Again ""restrictions on the movements of persons afflicted with AIDS have been held by Bombay High Court to be valid”.The four-day ban on free movement of citizens of India on a Calcutta road once again brings to light the problems of fundamental rights, which more often than not have been flouted, arbitrarily, for enforcement of political strength. But West Bengal is not the only state to do what it has done regarding the Constitution. There are others too. And there is competition, as the show goes on.The government denied permission for a peaceful political protest citing no reasons but for the benefit of the public at large and the organisers of the protest moved to the court on the grounds that their freedom of movement and free speech are restricted on groundless and far-fetched reasons. Which of the following would likely be the outcome of the case if we apply the principles laid down in the passage?a)The action of the state would be valid because the state has the authority to grant and deny permission.b)The action of the state would not be valid because restrictions imposed on the free movement are immoral.c)The action of the state would be valid because freedom of movement is not absolute.d)The action of the state would not be valid because the reasons cited by the government were subjective.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The application and implementation of the Article 19 (All citizens shall have the right to move freely throughout the territory of India subject to reasonable conditions) on the people of India can be seen from two angles. In Ebrahim Vazir Mavat vs. State of Bombay, the judgment under the Influx from Pakistan (Control) Act, 1949 showed that the Supreme Court would not be convinced regarding the existence of ""emergent circumstances"" to justify the denial of the right upon the subjective satisfaction of the government or any of its officers.On the other side, however, was the dissenting note on the same issue by the legendary chief justice, Sudhi Ranjan Das, who had this to say: ""Suppose an Indian citizen, no matter whether a Hindu or a Muslim, had entered India from Pakistan without a permit and suppose he was... engaged in espionage in the interest of Pakistan; would it have been safe enough... to have only prosecuted him under section 5 and inflicted on him a fine of rupees one thousand or a term of imprisonment not exceeding a year and then to have left him free after the term of imprisonment was over, to surreptitiously carry on his nefarious activities of espionage and sabotage against our State while embarking upon a protracted judicial inquiry to ascertain the truth or otherwise of his claim to Indian citizenship?"" The dissenting voice is fair and objective too. ""In the interests of general public"" free movement of citizens could be curbed. Is this the case today?We may again see the types of citizens whose right to free movement have been curbed in the past. Thus restrictions to protect the interests of scheduled tribes have been stipulated for the aboriginal tribes with their distinct culture, language and customs. Unrestricted entry of 'outsiders' in areas inhabited by the tribal folks might jeopardize their very existence and interests, as is shown by the supreme court.Restrictions on the free movement imposed on prostitutes to carry on their trade within a specified area and to reside in or move from particular areas have been held to be valid. Restrictions on residence imposed on habitual offenders have been upheld by the courts as being reasonable. Again ""restrictions on the movements of persons afflicted with AIDS have been held by Bombay High Court to be valid”.The four-day ban on free movement of citizens of India on a Calcutta road once again brings to light the problems of fundamental rights, which more often than not have been flouted, arbitrarily, for enforcement of political strength. But West Bengal is not the only state to do what it has done regarding the Constitution. There are others too. And there is competition, as the show goes on.The government denied permission for a peaceful political protest citing no reasons but for the benefit of the public at large and the organisers of the protest moved to the court on the grounds that their freedom of movement and free speech are restricted on groundless and far-fetched reasons. Which of the following would likely be the outcome of the case if we apply the principles laid down in the passage?a)The action of the state would be valid because the state has the authority to grant and deny permission.b)The action of the state would not be valid because restrictions imposed on the free movement are immoral.c)The action of the state would be valid because freedom of movement is not absolute.d)The action of the state would not be valid because the reasons cited by the government were subjective.Correct answer is option 'D'. Can you explain this answer?.
Solutions for The application and implementation of the Article 19 (All citizens shall have the right to move freely throughout the territory of India subject to reasonable conditions) on the people of India can be seen from two angles. In Ebrahim Vazir Mavat vs. State of Bombay, the judgment under the Influx from Pakistan (Control) Act, 1949 showed that the Supreme Court would not be convinced regarding the existence of ""emergent circumstances"" to justify the denial of the right upon the subjective satisfaction of the government or any of its officers.On the other side, however, was the dissenting note on the same issue by the legendary chief justice, Sudhi Ranjan Das, who had this to say: ""Suppose an Indian citizen, no matter whether a Hindu or a Muslim, had entered India from Pakistan without a permit and suppose he was... engaged in espionage in the interest of Pakistan; would it have been safe enough... to have only prosecuted him under section 5 and inflicted on him a fine of rupees one thousand or a term of imprisonment not exceeding a year and then to have left him free after the term of imprisonment was over, to surreptitiously carry on his nefarious activities of espionage and sabotage against our State while embarking upon a protracted judicial inquiry to ascertain the truth or otherwise of his claim to Indian citizenship?"" The dissenting voice is fair and objective too. ""In the interests of general public"" free movement of citizens could be curbed. Is this the case today?We may again see the types of citizens whose right to free movement have been curbed in the past. Thus restrictions to protect the interests of scheduled tribes have been stipulated for the aboriginal tribes with their distinct culture, language and customs. Unrestricted entry of 'outsiders' in areas inhabited by the tribal folks might jeopardize their very existence and interests, as is shown by the supreme court.Restrictions on the free movement imposed on prostitutes to carry on their trade within a specified area and to reside in or move from particular areas have been held to be valid. Restrictions on residence imposed on habitual offenders have been upheld by the courts as being reasonable. Again ""restrictions on the movements of persons afflicted with AIDS have been held by Bombay High Court to be valid”.The four-day ban on free movement of citizens of India on a Calcutta road once again brings to light the problems of fundamental rights, which more often than not have been flouted, arbitrarily, for enforcement of political strength. But West Bengal is not the only state to do what it has done regarding the Constitution. There are others too. And there is competition, as the show goes on.The government denied permission for a peaceful political protest citing no reasons but for the benefit of the public at large and the organisers of the protest moved to the court on the grounds that their freedom of movement and free speech are restricted on groundless and far-fetched reasons. Which of the following would likely be the outcome of the case if we apply the principles laid down in the passage?a)The action of the state would be valid because the state has the authority to grant and deny permission.b)The action of the state would not be valid because restrictions imposed on the free movement are immoral.c)The action of the state would be valid because freedom of movement is not absolute.d)The action of the state would not be valid because the reasons cited by the government were subjective.Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of The application and implementation of the Article 19 (All citizens shall have the right to move freely throughout the territory of India subject to reasonable conditions) on the people of India can be seen from two angles. In Ebrahim Vazir Mavat vs. State of Bombay, the judgment under the Influx from Pakistan (Control) Act, 1949 showed that the Supreme Court would not be convinced regarding the existence of ""emergent circumstances"" to justify the denial of the right upon the subjective satisfaction of the government or any of its officers.On the other side, however, was the dissenting note on the same issue by the legendary chief justice, Sudhi Ranjan Das, who had this to say: ""Suppose an Indian citizen, no matter whether a Hindu or a Muslim, had entered India from Pakistan without a permit and suppose he was... engaged in espionage in the interest of Pakistan; would it have been safe enough... to have only prosecuted him under section 5 and inflicted on him a fine of rupees one thousand or a term of imprisonment not exceeding a year and then to have left him free after the term of imprisonment was over, to surreptitiously carry on his nefarious activities of espionage and sabotage against our State while embarking upon a protracted judicial inquiry to ascertain the truth or otherwise of his claim to Indian citizenship?"" The dissenting voice is fair and objective too. ""In the interests of general public"" free movement of citizens could be curbed. Is this the case today?We may again see the types of citizens whose right to free movement have been curbed in the past. Thus restrictions to protect the interests of scheduled tribes have been stipulated for the aboriginal tribes with their distinct culture, language and customs. Unrestricted entry of 'outsiders' in areas inhabited by the tribal folks might jeopardize their very existence and interests, as is shown by the supreme court.Restrictions on the free movement imposed on prostitutes to carry on their trade within a specified area and to reside in or move from particular areas have been held to be valid. Restrictions on residence imposed on habitual offenders have been upheld by the courts as being reasonable. Again ""restrictions on the movements of persons afflicted with AIDS have been held by Bombay High Court to be valid”.The four-day ban on free movement of citizens of India on a Calcutta road once again brings to light the problems of fundamental rights, which more often than not have been flouted, arbitrarily, for enforcement of political strength. But West Bengal is not the only state to do what it has done regarding the Constitution. There are others too. And there is competition, as the show goes on.The government denied permission for a peaceful political protest citing no reasons but for the benefit of the public at large and the organisers of the protest moved to the court on the grounds that their freedom of movement and free speech are restricted on groundless and far-fetched reasons. Which of the following would likely be the outcome of the case if we apply the principles laid down in the passage?a)The action of the state would be valid because the state has the authority to grant and deny permission.b)The action of the state would not be valid because restrictions imposed on the free movement are immoral.c)The action of the state would be valid because freedom of movement is not absolute.d)The action of the state would not be valid because the reasons cited by the government were subjective.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of The application and implementation of the Article 19 (All citizens shall have the right to move freely throughout the territory of India subject to reasonable conditions) on the people of India can be seen from two angles. In Ebrahim Vazir Mavat vs. State of Bombay, the judgment under the Influx from Pakistan (Control) Act, 1949 showed that the Supreme Court would not be convinced regarding the existence of ""emergent circumstances"" to justify the denial of the right upon the subjective satisfaction of the government or any of its officers.On the other side, however, was the dissenting note on the same issue by the legendary chief justice, Sudhi Ranjan Das, who had this to say: ""Suppose an Indian citizen, no matter whether a Hindu or a Muslim, had entered India from Pakistan without a permit and suppose he was... engaged in espionage in the interest of Pakistan; would it have been safe enough... to have only prosecuted him under section 5 and inflicted on him a fine of rupees one thousand or a term of imprisonment not exceeding a year and then to have left him free after the term of imprisonment was over, to surreptitiously carry on his nefarious activities of espionage and sabotage against our State while embarking upon a protracted judicial inquiry to ascertain the truth or otherwise of his claim to Indian citizenship?"" The dissenting voice is fair and objective too. ""In the interests of general public"" free movement of citizens could be curbed. Is this the case today?We may again see the types of citizens whose right to free movement have been curbed in the past. Thus restrictions to protect the interests of scheduled tribes have been stipulated for the aboriginal tribes with their distinct culture, language and customs. Unrestricted entry of 'outsiders' in areas inhabited by the tribal folks might jeopardize their very existence and interests, as is shown by the supreme court.Restrictions on the free movement imposed on prostitutes to carry on their trade within a specified area and to reside in or move from particular areas have been held to be valid. Restrictions on residence imposed on habitual offenders have been upheld by the courts as being reasonable. Again ""restrictions on the movements of persons afflicted with AIDS have been held by Bombay High Court to be valid”.The four-day ban on free movement of citizens of India on a Calcutta road once again brings to light the problems of fundamental rights, which more often than not have been flouted, arbitrarily, for enforcement of political strength. But West Bengal is not the only state to do what it has done regarding the Constitution. There are others too. And there is competition, as the show goes on.The government denied permission for a peaceful political protest citing no reasons but for the benefit of the public at large and the organisers of the protest moved to the court on the grounds that their freedom of movement and free speech are restricted on groundless and far-fetched reasons. Which of the following would likely be the outcome of the case if we apply the principles laid down in the passage?a)The action of the state would be valid because the state has the authority to grant and deny permission.b)The action of the state would not be valid because restrictions imposed on the free movement are immoral.c)The action of the state would be valid because freedom of movement is not absolute.d)The action of the state would not be valid because the reasons cited by the government were subjective.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for The application and implementation of the Article 19 (All citizens shall have the right to move freely throughout the territory of India subject to reasonable conditions) on the people of India can be seen from two angles. In Ebrahim Vazir Mavat vs. State of Bombay, the judgment under the Influx from Pakistan (Control) Act, 1949 showed that the Supreme Court would not be convinced regarding the existence of ""emergent circumstances"" to justify the denial of the right upon the subjective satisfaction of the government or any of its officers.On the other side, however, was the dissenting note on the same issue by the legendary chief justice, Sudhi Ranjan Das, who had this to say: ""Suppose an Indian citizen, no matter whether a Hindu or a Muslim, had entered India from Pakistan without a permit and suppose he was... engaged in espionage in the interest of Pakistan; would it have been safe enough... to have only prosecuted him under section 5 and inflicted on him a fine of rupees one thousand or a term of imprisonment not exceeding a year and then to have left him free after the term of imprisonment was over, to surreptitiously carry on his nefarious activities of espionage and sabotage against our State while embarking upon a protracted judicial inquiry to ascertain the truth or otherwise of his claim to Indian citizenship?"" The dissenting voice is fair and objective too. ""In the interests of general public"" free movement of citizens could be curbed. Is this the case today?We may again see the types of citizens whose right to free movement have been curbed in the past. Thus restrictions to protect the interests of scheduled tribes have been stipulated for the aboriginal tribes with their distinct culture, language and customs. Unrestricted entry of 'outsiders' in areas inhabited by the tribal folks might jeopardize their very existence and interests, as is shown by the supreme court.Restrictions on the free movement imposed on prostitutes to carry on their trade within a specified area and to reside in or move from particular areas have been held to be valid. Restrictions on residence imposed on habitual offenders have been upheld by the courts as being reasonable. Again ""restrictions on the movements of persons afflicted with AIDS have been held by Bombay High Court to be valid”.The four-day ban on free movement of citizens of India on a Calcutta road once again brings to light the problems of fundamental rights, which more often than not have been flouted, arbitrarily, for enforcement of political strength. But West Bengal is not the only state to do what it has done regarding the Constitution. There are others too. And there is competition, as the show goes on.The government denied permission for a peaceful political protest citing no reasons but for the benefit of the public at large and the organisers of the protest moved to the court on the grounds that their freedom of movement and free speech are restricted on groundless and far-fetched reasons. Which of the following would likely be the outcome of the case if we apply the principles laid down in the passage?a)The action of the state would be valid because the state has the authority to grant and deny permission.b)The action of the state would not be valid because restrictions imposed on the free movement are immoral.c)The action of the state would be valid because freedom of movement is not absolute.d)The action of the state would not be valid because the reasons cited by the government were subjective.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of The application and implementation of the Article 19 (All citizens shall have the right to move freely throughout the territory of India subject to reasonable conditions) on the people of India can be seen from two angles. In Ebrahim Vazir Mavat vs. State of Bombay, the judgment under the Influx from Pakistan (Control) Act, 1949 showed that the Supreme Court would not be convinced regarding the existence of ""emergent circumstances"" to justify the denial of the right upon the subjective satisfaction of the government or any of its officers.On the other side, however, was the dissenting note on the same issue by the legendary chief justice, Sudhi Ranjan Das, who had this to say: ""Suppose an Indian citizen, no matter whether a Hindu or a Muslim, had entered India from Pakistan without a permit and suppose he was... engaged in espionage in the interest of Pakistan; would it have been safe enough... to have only prosecuted him under section 5 and inflicted on him a fine of rupees one thousand or a term of imprisonment not exceeding a year and then to have left him free after the term of imprisonment was over, to surreptitiously carry on his nefarious activities of espionage and sabotage against our State while embarking upon a protracted judicial inquiry to ascertain the truth or otherwise of his claim to Indian citizenship?"" The dissenting voice is fair and objective too. ""In the interests of general public"" free movement of citizens could be curbed. Is this the case today?We may again see the types of citizens whose right to free movement have been curbed in the past. Thus restrictions to protect the interests of scheduled tribes have been stipulated for the aboriginal tribes with their distinct culture, language and customs. Unrestricted entry of 'outsiders' in areas inhabited by the tribal folks might jeopardize their very existence and interests, as is shown by the supreme court.Restrictions on the free movement imposed on prostitutes to carry on their trade within a specified area and to reside in or move from particular areas have been held to be valid. Restrictions on residence imposed on habitual offenders have been upheld by the courts as being reasonable. Again ""restrictions on the movements of persons afflicted with AIDS have been held by Bombay High Court to be valid”.The four-day ban on free movement of citizens of India on a Calcutta road once again brings to light the problems of fundamental rights, which more often than not have been flouted, arbitrarily, for enforcement of political strength. But West Bengal is not the only state to do what it has done regarding the Constitution. There are others too. And there is competition, as the show goes on.The government denied permission for a peaceful political protest citing no reasons but for the benefit of the public at large and the organisers of the protest moved to the court on the grounds that their freedom of movement and free speech are restricted on groundless and far-fetched reasons. Which of the following would likely be the outcome of the case if we apply the principles laid down in the passage?a)The action of the state would be valid because the state has the authority to grant and deny permission.b)The action of the state would not be valid because restrictions imposed on the free movement are immoral.c)The action of the state would be valid because freedom of movement is not absolute.d)The action of the state would not be valid because the reasons cited by the government were subjective.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice The application and implementation of the Article 19 (All citizens shall have the right to move freely throughout the territory of India subject to reasonable conditions) on the people of India can be seen from two angles. In Ebrahim Vazir Mavat vs. State of Bombay, the judgment under the Influx from Pakistan (Control) Act, 1949 showed that the Supreme Court would not be convinced regarding the existence of ""emergent circumstances"" to justify the denial of the right upon the subjective satisfaction of the government or any of its officers.On the other side, however, was the dissenting note on the same issue by the legendary chief justice, Sudhi Ranjan Das, who had this to say: ""Suppose an Indian citizen, no matter whether a Hindu or a Muslim, had entered India from Pakistan without a permit and suppose he was... engaged in espionage in the interest of Pakistan; would it have been safe enough... to have only prosecuted him under section 5 and inflicted on him a fine of rupees one thousand or a term of imprisonment not exceeding a year and then to have left him free after the term of imprisonment was over, to surreptitiously carry on his nefarious activities of espionage and sabotage against our State while embarking upon a protracted judicial inquiry to ascertain the truth or otherwise of his claim to Indian citizenship?"" The dissenting voice is fair and objective too. ""In the interests of general public"" free movement of citizens could be curbed. Is this the case today?We may again see the types of citizens whose right to free movement have been curbed in the past. Thus restrictions to protect the interests of scheduled tribes have been stipulated for the aboriginal tribes with their distinct culture, language and customs. Unrestricted entry of 'outsiders' in areas inhabited by the tribal folks might jeopardize their very existence and interests, as is shown by the supreme court.Restrictions on the free movement imposed on prostitutes to carry on their trade within a specified area and to reside in or move from particular areas have been held to be valid. Restrictions on residence imposed on habitual offenders have been upheld by the courts as being reasonable. Again ""restrictions on the movements of persons afflicted with AIDS have been held by Bombay High Court to be valid”.The four-day ban on free movement of citizens of India on a Calcutta road once again brings to light the problems of fundamental rights, which more often than not have been flouted, arbitrarily, for enforcement of political strength. But West Bengal is not the only state to do what it has done regarding the Constitution. There are others too. And there is competition, as the show goes on.The government denied permission for a peaceful political protest citing no reasons but for the benefit of the public at large and the organisers of the protest moved to the court on the grounds that their freedom of movement and free speech are restricted on groundless and far-fetched reasons. Which of the following would likely be the outcome of the case if we apply the principles laid down in the passage?a)The action of the state would be valid because the state has the authority to grant and deny permission.b)The action of the state would not be valid because restrictions imposed on the free movement are immoral.c)The action of the state would be valid because freedom of movement is not absolute.d)The action of the state would not be valid because the reasons cited by the government were subjective.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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