“Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute.” Comment.

Need for Fundamental Rights

1- Ensure equality of all ↳ reduce discrimination like caste, gender. 2- Ensure a dignified / progressive life ↳ SC enhanced the scope by Right to env, privacy, food etc. 3- Ensure development in personal space ↳ Art 25-28 freedom of religion - enlighten spiritually. 4- Ensure the state does not turn into absolutist & curb individual freedom

However, their is desirability for Reasonable restriction

1- Ensure maximum (Utilitarian) freedom for all ↳ eg, Right to protest v/s Right to movement (Saheen Bagh case)

2- Maintain Unity & Integrity. ↳ upheld rights of all general will as proposed by Rousseau

3- Conflicting Rights

• eg) Art 21 - Right to Health v/s Art 25 - Freedom of Religion includes fasting
• eg) Art 14 (equality) v/s Art 25 (religious freedom) in (Sabarimala case)

4- Ensure DPSP are implemented ↳ Minerva Mills v/s UoI - SC upheld that FR can be restricted for larger welfare of society.

Certain cautions can be taken when state try to infringe such as - a) Preventive Detention - 3% convict-rate b) Restriction of on speech & expression