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Which of the following reasonable restrictions on the Right to Freedom of Residence (Article 19) has/have been explicitly mentioned in the Indian Constitution?
1. Security of the state
2. Sovereignty and integrity of India
3. Morality
4. The protection of the interests of any scheduled tribes
Select the correct answer using the code given below.
1. Security of the state
2. Sovereignty and integrity of India
3. Morality
4. The protection of the interests of any scheduled tribes
Select the correct answer using the code given below.
- a)1, 2 and 3 only
- b)1 and 4 only
- c)2, 3 and 4 only
- d)4 only
Correct answer is option 'D'. Can you explain this answer?
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Most Upvoted Answer
Which of the following reasonablerestrictions on the Right to Freedom ...
- Right to Freedom
- Article 19 guarantees all citizens six rights. These 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.
- Originally, Article 19 contained seven rights. But, the right to acquire, hold and dispose of the property was deleted by the 44th Amendment Act of 1978. These six rights are protected against only state action and not private individuals. Moreover, these rights are available only to the citizens and to shareholders of a company but not to foreigners or legal persons like companies or corporations, etc.
- The State can impose ‘reasonable’ restrictions on the enjoyment of these six rights only on the grounds mentioned in Article 19 itself and not on any other grounds.
- Freedom of Speech and Expression
- The State can impose reasonable restrictions on the exercise of the freedom of speech and expression on the grounds of sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to an offense.
- Freedom of Assembly
- The State can impose reasonable restrictions on the exercise of the right of assembly on two grounds, namely, sovereignty and integrity of India and public order including the maintenance of traffic in the area concerned. Under Section 144 of the Criminal Procedure Code (1973), a magistrate can restrain an assembly, meeting, or procession if there is a risk of obstruction, annoyance, or danger to human life, health, or safety or a disturbance of the public tranquillity or a riot or any affray. Under Section 141 of the Indian Penal Code, an assembly of five or more persons becomes unlawful if the object is (a) to resist the execution of any law or legal process; (b) to forcibly occupy the property of some person; (c) to commit any mischief or criminal trespass; (d) to force some person to do an illegal act; and (e) to threaten the government or its officials on exercising lawful powers.
- Freedom of Association
- Reasonable restrictions can be imposed on the exercise of this right by the State on the grounds of the sovereignty and integrity of India, public order, and morality. Subject to these restrictions, the citizens have complete liberty to form associations or unions for pursuing lawful objectives and purposes. However, the right to obtain recognition of the association is not a fundamental right. The Supreme Court held that the trade unions have no guaranteed right to effective bargaining or right to strike or right to declare a lockout. The right to strike can be controlled by appropriate industrial law.
- Freedom of Movement
- The grounds for imposing reasonable restrictions on this freedom are two, namely, the interests of the general public and the protection of the interests of any scheduled tribe. 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 Supreme Court held that the freedom of movement of prostitutes can be restricted on the ground of public health and in the interest of public morals. The Bombay High Court validated the restrictions on the movement of persons affected by AIDS. The freedom of movement has two dimensions, viz, 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 with by Article 21 (right to life and personal liberty).
- Freedom of Residence
- The State can impose reasonable restrictions on the exercise of this right on two grounds, namely, the interest of the general public and the protection of the interests of any scheduled tribes. 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. The Supreme Court held that certain areas can be banned for certain kinds of persons like prostitutes and habitual offenders. From the above, it is clear that the right to residence and the right to movement are overlapping to some extent. Both are complementary to each other. Hence option (d) is the correct answer.
- Freedom of Profession, etc.
- All citizens are given the right to practice any profession or to carry on any occupation, trade, or business. This right is very wide as it covers all the means of earning one’s livelihood. The State can impose reasonable restrictions on the exercise of this right in the interest of the general public.
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Which of the following reasonablerestrictions on the Right to Freedom ...
Restrictions on the Right to Freedom of Residence (Article 19) in the Indian Constitution
Article 19 of the Indian Constitution guarantees certain fundamental rights to all citizens of India, including the right to freedom of residence. However, this right is not absolute and can be subject to reasonable restrictions. The following restrictions have been explicitly mentioned in the Indian Constitution:
1. Security of the state:
The Indian Constitution allows for the imposition of restrictions on the right to freedom of residence in the interest of the security of the state. This means that the government can take measures to protect the country from threats and maintain national security, even if it may limit an individual's freedom to reside in certain areas.
2. Sovereignty and integrity of India:
The sovereignty and integrity of India are vital for the functioning of a democratic nation. Therefore, the Indian Constitution allows for restrictions on the right to freedom of residence to safeguard the sovereignty and integrity of the country. This ensures that individuals cannot engage in activities that may threaten the unity and integrity of India.
3. Morality:
The Indian Constitution also permits restrictions on the right to freedom of residence in the interest of morality. This means that the government can impose restrictions on certain areas or places of residence that may be deemed immoral or against the accepted moral values of society. The aim is to maintain social order and prevent activities that are considered immoral or harmful to society.
4. The protection of the interests of any scheduled tribes:
The Indian Constitution recognizes the importance of protecting the interests of scheduled tribes, who are often marginalized and vulnerable sections of society. In order to ensure their well-being and prevent exploitation, the Constitution allows for restrictions on the right to freedom of residence. These restrictions may include regulating the residence of non-tribal individuals in tribal areas to protect the cultural, social, and economic interests of the scheduled tribes.
Conclusion:
In conclusion, the Indian Constitution explicitly mentions the above-mentioned restrictions on the right to freedom of residence. These restrictions are in place to safeguard the security of the state, maintain the sovereignty and integrity of India, uphold morality, and protect the interests of scheduled tribes. While these restrictions limit the absolute freedom of residence, they are considered necessary in the larger interest of the nation and its citizens.
Article 19 of the Indian Constitution guarantees certain fundamental rights to all citizens of India, including the right to freedom of residence. However, this right is not absolute and can be subject to reasonable restrictions. The following restrictions have been explicitly mentioned in the Indian Constitution:
1. Security of the state:
The Indian Constitution allows for the imposition of restrictions on the right to freedom of residence in the interest of the security of the state. This means that the government can take measures to protect the country from threats and maintain national security, even if it may limit an individual's freedom to reside in certain areas.
2. Sovereignty and integrity of India:
The sovereignty and integrity of India are vital for the functioning of a democratic nation. Therefore, the Indian Constitution allows for restrictions on the right to freedom of residence to safeguard the sovereignty and integrity of the country. This ensures that individuals cannot engage in activities that may threaten the unity and integrity of India.
3. Morality:
The Indian Constitution also permits restrictions on the right to freedom of residence in the interest of morality. This means that the government can impose restrictions on certain areas or places of residence that may be deemed immoral or against the accepted moral values of society. The aim is to maintain social order and prevent activities that are considered immoral or harmful to society.
4. The protection of the interests of any scheduled tribes:
The Indian Constitution recognizes the importance of protecting the interests of scheduled tribes, who are often marginalized and vulnerable sections of society. In order to ensure their well-being and prevent exploitation, the Constitution allows for restrictions on the right to freedom of residence. These restrictions may include regulating the residence of non-tribal individuals in tribal areas to protect the cultural, social, and economic interests of the scheduled tribes.
Conclusion:
In conclusion, the Indian Constitution explicitly mentions the above-mentioned restrictions on the right to freedom of residence. These restrictions are in place to safeguard the security of the state, maintain the sovereignty and integrity of India, uphold morality, and protect the interests of scheduled tribes. While these restrictions limit the absolute freedom of residence, they are considered necessary in the larger interest of the nation and its citizens.
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Which of the following reasonablerestrictions on the Right to Freedom ofResidence (Article 19) has/have beenexplicitly mentioned in the IndianConstitution?1. Security of the state2. Sovereignty and integrity of India3. Morality4. The protection of the interests of anyscheduled tribesSelect the correct answer using the code givenbelow.a)1, 2 and 3 onlyb)1 and 4 onlyc)2, 3 and 4 onlyd)4 onlyCorrect answer is option 'D'. Can you explain this answer?
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Which of the following reasonablerestrictions on the Right to Freedom ofResidence (Article 19) has/have beenexplicitly mentioned in the IndianConstitution?1. Security of the state2. Sovereignty and integrity of India3. Morality4. The protection of the interests of anyscheduled tribesSelect the correct answer using the code givenbelow.a)1, 2 and 3 onlyb)1 and 4 onlyc)2, 3 and 4 onlyd)4 onlyCorrect answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which of the following reasonablerestrictions on the Right to Freedom ofResidence (Article 19) has/have beenexplicitly mentioned in the IndianConstitution?1. Security of the state2. Sovereignty and integrity of India3. Morality4. The protection of the interests of anyscheduled tribesSelect the correct answer using the code givenbelow.a)1, 2 and 3 onlyb)1 and 4 onlyc)2, 3 and 4 onlyd)4 onlyCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which of the following reasonablerestrictions on the Right to Freedom ofResidence (Article 19) has/have beenexplicitly mentioned in the IndianConstitution?1. Security of the state2. Sovereignty and integrity of India3. Morality4. The protection of the interests of anyscheduled tribesSelect the correct answer using the code givenbelow.a)1, 2 and 3 onlyb)1 and 4 onlyc)2, 3 and 4 onlyd)4 onlyCorrect answer is option 'D'. Can you explain this answer?.
Which of the following reasonablerestrictions on the Right to Freedom ofResidence (Article 19) has/have beenexplicitly mentioned in the IndianConstitution?1. Security of the state2. Sovereignty and integrity of India3. Morality4. The protection of the interests of anyscheduled tribesSelect the correct answer using the code givenbelow.a)1, 2 and 3 onlyb)1 and 4 onlyc)2, 3 and 4 onlyd)4 onlyCorrect answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which of the following reasonablerestrictions on the Right to Freedom ofResidence (Article 19) has/have beenexplicitly mentioned in the IndianConstitution?1. Security of the state2. Sovereignty and integrity of India3. Morality4. The protection of the interests of anyscheduled tribesSelect the correct answer using the code givenbelow.a)1, 2 and 3 onlyb)1 and 4 onlyc)2, 3 and 4 onlyd)4 onlyCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which of the following reasonablerestrictions on the Right to Freedom ofResidence (Article 19) has/have beenexplicitly mentioned in the IndianConstitution?1. Security of the state2. Sovereignty and integrity of India3. Morality4. The protection of the interests of anyscheduled tribesSelect the correct answer using the code givenbelow.a)1, 2 and 3 onlyb)1 and 4 onlyc)2, 3 and 4 onlyd)4 onlyCorrect answer is option 'D'. Can you explain this answer?.
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