The Constitution of the biggest democracy in the world is more than just a document; it also evokes strong feelings in the nation and its citizens. The Indian Constitution, which has 395 Articles, 12 Schedules, and 21 Chapters, holds the record for being the longest constitution in the world. Even if the constitution has a huge number of articles, those mentioned in part 3 are of the utmost importance. Articles 12 to 35 of Part 3’s “Fundamental Rights” section serve as irrefutable evidence that India is a democracy with socialism, secularism, and a republican government.

 Article 19 of the Constitution provides for the following six freedoms:

(a) Freedom of speech and expression 

Every Indian citizen has the freedom of speech and expression, which includes the right to speak up and express their thoughts, feelings, desires, and ideas without being restrained. However, it is important to keep in mind that none of the rights discussed in this article are absolute and may be subject to a lawful restriction, meaning that the government may set reasonable limitations on what may be said.

For instance, the government has the right to take action against anyone who speaks out against the security of the state, the sovereignty and integrity of the nation, a friendly nation, public order, decency, and morality, or in relation to judicial contempt, defamation, or incitement (provocation) of an offense.

Right to information: The Right to Information Act of 2005 finally recognized the right to know, receive, and share information as a component of freedom of speech and expression.
Right to silence AIR 1987 SC 748 This also applies to the ability to keep silent. The Supreme Court ruled in Bijoe Emmanuel v. State of Kerala (1986) that students who chose not to sing the National Anthem did not break any laws because there is no law that can be used to restrict their freedom of speech and expression.

Freedom of Press: This includes the ability to print and publish whatever one wants, within the bounds of acceptable constraints, and without seeking anyone’s permission first. Pre-censorship of any news, article, book, etc. before publication is a violation of Article 19(1).(a). The Supreme Court stated in Romesh Thappar v. State of Madras AIR 1950 SC 124 that “Freedom of Speech and of the Press lay at the foundation of all democratic organizations, for without free political discussion, no public education, so essential for the proper functioning of the process of Government, is possible.”

Case Law:

In Tata Press Ltd. v MTNL, AIR 1995 SC 2438 the Supreme Court held that advertising which is no more than a commercial
transaction, is nonetheless dissemination of information regarding the productadvertised as the public at large is benefitted by the information made available through the advertisement. According to the court in a democratic country the free flow of
commercial information is indispensable.

(b)

This Sub-Clause stipulates that all Indian citizens may gather peacefully without using weapons or ammunition. The constitution, as stated in this article, provides that all citizens have the right to hold meetings and participate in events in a peaceful manner.

 But, the same has some reasonable restrictions and the freedom is not absolute. The freedom should not contradict with the sovereignty and integrity of the nation and public order.

Case Law:

In the case of S. Ramakrishnan Vs. Sistrict Board, the Supreme Court held the government order which requires municipal teachers not to join an association or union without its previous approval, as invalid as it is violating fundamental right provided in Article 19(1)(c).

(c) Freedom to form Associations and Unions 

This Sub-Clause permits citizens to establish associations and affiliate with any organizations that serve their interests and are legitimate in nature and do not run afoul of acceptable limitations. According to this article, no one can prevent any citizen of the nation from founding their own organization, business, society, or political party. Anyone can also join any union of their choosing and is protected by the same, subject to reasonable limitations.

Those restriction includes that the association and union should not be contradictory with the sovereignty and integrity, public order and morality of the nation.

Case Law:

Right to form association or union being a fundamental right of every citizen including the students of the college, that right can only be curtailed fr put under cloud by legislative action. State government has no authority to pass excutive orders regarding amendment or alteration in the eligibility criteria for contesting the elections of the students unions or Associations .held in Suresh Swami Vs. State of Rajasthan AIR 2001 Raj 244.

(d) Freedom to move freely throughout the territory of India 

We live in a free and integrated country, thus freedom of movement is just as important as other freedoms. This Sub-Clause grants us the freedom to travel wherever in the nation without being subject to limitations imposed by the government or any other individual. In light of the limits, the authority may apply some restrictions for the protection and benefit of the schedule tribes as well as the broader public.

Case Law:

In the case of  Ebrahim Vazir Mavat v. State of Bombay AIR 1954 SC 229 (1952), where the citizen of India was ordered to be deported to Pakistan after his arrest as he returned to the country without a permit, it was held that the particular section which legalises it, was unconstitutional. Laws such as requiring the wearing of helmets while driving cannot be said to violate freedom of movement. Similarly, mere watching or surveying the offenders for keeping an eye on their movement and their activities is not infringing their right to movement.

(e) Freedom to reside and settle in any part of India 

Sub- Clause (d) and (e) under this Article are co-related. If we have the right to move freely in the country we should also have the right to reside any settle anywhere we like, this is basic understanding. As this is corollary to the above sub- clause the restriction remains the same.

Case Law:

In the case of Dhan Bahadur Ghorti V State AIR 1953 Gau 61 (1952), a custom of a tribal area that does not allow Nepali or any foreigner to stay in that tribal area without the permission of the Deputy Commissioner was upheld to protect the interests of tribal people. 

(f) Freedom to practise any profession or to carry on any occupation, trade or business

Every citizen is granted the freedom to engage in any profession, select any career, and establish any trade or business as they see fit or in accordance with their interests and aspirations under the terms of this article. However, the provision does not provide any business, trade, or vocation a monopoly. In accordance with this article, the freedom to practice also encompasses the right to not practice, as everyone is free to discontinue any company or occupation whenever they choose.

Case Law:

 case of TMA Pai Foundation Vs. State of Karnataka (2002) 8 SCC 481, it was observed that education can never be regarded as a trade or business where profit is the motive. But education will fall within the meaning of the expression ‘occupation’, which is defined as “an activity in which one engages” or “a craft, trade, profession or other means of earning a living“.