Independence Day

INDEPENDENCE DAY

63 years ago on 15^th of August, 1947 we achieved Independence from British Raj and enacted the CONSTITUTION OF INDIA on 26^th November, 1949 declaring India a REPUBLIC with fundamental rights one of which as per Article 19(d) is FREEDOM OF MOVEMENT. The citizens have the right “to move freely throughout the territory of India”. but is it true .DE-FACTO (in fact)?

Inter State Borders are sealed and no one is allowed the free movement in the territory of India even in the jurisdiction of NATIONAL CAPITAL REGION. Does it not amount to suspension of the Article 19(d) without following the due process of Law and without declaring the state of emergency in India? What massage we are going to convey to the young Indian citizens that Constitution is only a pious book to show to the World but not to be followed in practice. This administrative order cannot abridge and surpass the Constitution for any reasons what so ever. This amounts to the flagrant violation of the Constitution and hence ultra virus and enforceable through a Writ Petition in Hon’bele Supreme Court and/or should the People come on Roads against the un-constitutional Orders/ decision which is against Public Interest?

Whatsoever the security reasons may be advanced but freedom of movement guaranteed

By the Constitution of India is paramount and the Central and State Governments are under an obligation to honour the said guaranteed Right of Freedom of Movement under any circumstances failing which the concerned Governments be deemed as un-fit to run the administration under the Rule of Law.

(R.N.Prabhakar)

Advocate