Indian Polity • ConstitutionHard
Analyze the interplay between Article 19(1)(d) and Article 19(5) of the Constitution regarding the movement and settlement of citizens, particularly concerning notified scheduled tribal regions in districts of Chhattisgarh:
A. The state can impose reasonable restrictions on the right to move freely or settle in order to protect the interests of scheduled tribes as explicitly provided in clause 5 of Article 19.✓ Correct Answer
B. Fundamental rights under Article 19 are absolute within scheduled areas and cannot be subjected to legislative restrictions by the state legislature.
C. Only the Supreme Court can restrict the right of movement within tribal districts under extraordinary presidential proclamations.
D. Article 19(5) applies exclusively to urban agglomerations and has no legal nexus with scheduled tribal zones.
💡 Solution & Explanation
Article 19(5) empowers the state to make laws imposing reasonable restrictions on the exercise of rights conferred by sub-clauses d, e, and f of Article 19(1) in the interests of the general public or for the protection of the interests of any scheduled tribe. Absolute freedom of movement does not override tribal land and cultural protection safeguards enshrined in scheduled areas. Regulatory frameworks restricting land acquisition by outsiders in tribal belts derive authority from this constitutional balance.
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