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.
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?
Correct Answer :
it is a reasonable restriction on mr. A’s fundamental right of free movement throughout the territory of india.
Solution :
The correct option is: it is a reasonable restriction on mr. A’s fundamental right of free movement throughout the territory of india.
Step-by-Step Explanation:
1. Understanding Fundamental Rights and Reasonable Restrictions:
Under Article 19(1)(d) of the Constitution of India, all citizens are guaranteed the fundamental right to move freely throughout the territory of India. However, Article 19(5) empowers the State to impose reasonable restrictions on this right by law, specifically in the interests of the general public or for the protection of the interests of any Scheduled Tribe.
2. Analyzing the Facts of the Case:
- The appropriate authority passed an externment order against Mr. A under a law whose constitutional validity has been upheld by the Supreme Court of India.
- The order was issued because Mr. A was frequently engaged in the illegal business of narcotic drugs and involved in multiple cases of riot and criminal intimidation.
- Preventing criminal activities, maintaining public order, and curbing illegal drug trades directly fall under the scope of "interests of the general public."
3. Legal Evaluation:
Since the law authorizing the externment order has already been upheld as constitutionally valid by the Supreme Court and the order itself serves to protect public safety and public order (interests of the general public), the restriction imposed on Mr. A’s right to free movement is legally justified and constitutes a reasonable restriction under Article 19(5) of the Indian Constitution.
Therefore, the externment order is a valid and reasonable restriction on Mr. A’s fundamental right of free movement throughout the territory of India.
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