Question Details

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.


Mr. Z, a citizen of India, was issued a passport on June 1, 2020 by the Passport Office. Mr. Z was due to travel to Spain on July 15, 2021. On July 11, 2021, Mr. Z received a letter from the Regional Passport Officer intimating him that it was decided by the Government of India to seize his passport “in public interest”. Mr. Z was required to surrender his passport within seven days of the receipt of that letter. In the given situation, which of the following statements is correct?

Options

A

mr. Z can challenge the letter on the ground that it is violative of his fundamental right of free movement throughout the territory of india.

B

mr. Z can challenge the letter on the ground that it is violative of his fundamental right to reside and settle in any part of india.

C

mr. Z can challenge the letter on the ground that it is violative of the law relating to passports in india.

D

mr. Z cannot challenge the letter on the ground that it is violative of his fundamental right(s) of free movement throughout the territory of india and/or to residence and settlement in any part of india.

Show Answer

Correct Answer :

Option D

mr. Z cannot challenge the letter on the ground that it is violative of his fundamental right(s) of free movement throughout the territory of india and/or to residence and settlement in any part of india.

Solution :

The correct option is: mr. Z cannot challenge the letter on the ground that it is violative of his fundamental right(s) of free movement throughout the territory of india and/or to residence and settlement in any part of india.


Step-by-step Explanation:

1. Analysis of Fundamental Rights under Article 19:
The passage specifically highlights two fundamental rights guaranteed under the Constitution of India:
- The right to move freely throughout the territory of India [Article 19(1)(d)].
- The right to reside and settle in any part of the territory of India [Article 19(1)(e)].


2. Application to the Given Situation:
Mr. Z's passport was impounded/seized when he was due to travel to Spain (foreign travel). The fundamental rights of free movement and residence mentioned in the passage explicitly apply to movement and settlement within the territory of India. They do not automatically cover travel outside India (foreign travel).


3. Conclusion:
Therefore, Mr. Z cannot challenge the impounding/seizure of his passport for traveling abroad on the specific grounds that it violates his fundamental right to move freely throughout the territory of India or to reside/settle in any part of India, as these rights are restricted to the geographic boundaries of India.

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