polity medium Fill in the Blank

Freedom of movement under Article 19(1)(d) enables internal migration for employment, education, but is subject to reasonable restrictions under Article 19(5) for public interest, and courts apply ______ test to balance migration rights with regulatory needs like pandemic control or resource management.

  1. Wednesbury
  2. proportionality
  3. rational basis
  4. strict scrutiny

Answer: proportionality

Freedom of movement and proportionality: (a) Article 19(1)(d): Right to move freely throughout India, (b) Article 19(5): Reasonable restrictions in public interest, protection of Scheduled Tribes, (c) Proportionality application: (i) Legitimate aim: Public health (pandemic control), resource management (water scarcity), tribal protection, (ii) Rational connection: Restrictions (travel bans, entry permits) must be suitable to achieve aim, (iii) Necessity: Less restrictive alternatives preferred (targeted restrictions vs. blanket bans), (iv) Balancing: Benefits of restriction vs. harm to mobility, livelihood, family unity, (d) Applications: (i) Pandemic response: Lockdowns, travel restrictions balanced public health vs. migrant rights; courts directed humanitarian measures for stranded migrants, (ii) Tribal areas: Restrictions on entry to protect tribal culture, resources subject to proportionality, not arbitrary exclusion, (iii) Urban planning: Regulations on migration balanced with right to livelihood, shelter, (e) Challenges: (i) Implementation: Ensuring restrictions justified, not arbitrary; protecting vulnerable migrants, (ii) Coordination: Centre-State cooperation on migration management, resource allocation, (iii) Awareness: Migrants informed about rights, procedures, grievance redressal, (f) Illustrates calibrated rights balancing: Freedom of movement essential for livelihood, opportunity; proportionality ensures restrictions justified, not arbitrary, preserving mobility while protecting public interest.

Topic Article 19 - Freedom of Movement and Internal Migration
Exam Relevance Freedom of movement and proportionality critical for UPSC Mains and Judiciary exams