Skip to content Skip to left sidebar Skip to right sidebar Skip to footer
Choose language:

Tag: Article 19

Article 19

Introduction

Article 19 of the Indian Constitution is a pivotal provision that guarantees six fundamental freedoms to the citizens of India. These rights form the bedrock of democratic values, empowering individuals to express themselves, assemble, associate, move, reside, and practice any profession. They ensure that citizens can participate actively and freely in the democratic process. While these rights are not absolute and come with certain reasonable restrictions, they are essential for the holistic development of individuals and the functioning of a democratic society.

Freedom of Speech and Expression (Article 19(1)(a))

The freedom of speech and expression is a cornerstone of democracy. It allows individuals to express their thoughts and opinions freely without fear of government retaliation or censorship. This right encompasses the freedom to express one’s views through any medium, including spoken words, written communication, print media, electronic media, and social media.

Significance:

  • Facilitates the free flow of ideas and information, which is crucial for a vibrant democracy.
  • Encourages debate, discussion, and dissent, which are essential for societal progress and reform.
  • Empowers citizens to hold the government accountable by voicing their concerns and opinions.

Case Law: Shreya Singhal v. Union of India (2015):

  • The Supreme Court struck down Section 66A of the Information Technology Act, 2000, as unconstitutional. The section was deemed vague and overbroad, leading to the arbitrary suppression of free speech. The court emphasized that freedom of speech and expression is fundamental and cannot be curtailed unless it meets the criteria of reasonable restrictions.

Freedom to Assemble Peaceably and Without Arms (Article 19(1)(b))

The freedom to assemble peaceably and without arms permits citizens to gather and hold meetings, rallies, and demonstrations in a peaceful manner. This right is crucial for the collective expression of opinions and for organizing movements that can lead to social and political change.

Significance:

  • Enables citizens to come together to discuss and address common issues.
  • Supports the right to protest, which is essential for expressing dissent and influencing public policy.
  • Ensures that peaceful assemblies are protected, provided they do not threaten public order or safety.

Case Law: Re Ramlila Maidan Incident (2012):

  • The Supreme Court upheld the right to assemble peacefully, ruling that the police action in dispersing a peaceful gathering at Ramlila Maidan was unjustified. The court highlighted that any restrictions on this right must be reasonable and within the legal framework.

Freedom to Form Associations or Unions (Article 19(1)(c))

The freedom to form associations or unions grants individuals the right to form groups, associations, trade unions, and other collective organizations. This right is essential for collective bargaining, advocacy, and the protection of individual and collective interests.

Significance:

  • Encourages collective action and solidarity among individuals with common interests.
  • Strengthens democratic engagement by allowing people to organize for social, economic, and political purposes.
  • Provides a platform for marginalized groups to voice their concerns and seek redressal.

Case Law: Dharam Dutt v. Union of India (2004):

  • The court upheld the validity of the Prevention of Terrorism Act (POTA), highlighting that the restrictions imposed on the formation of associations were reasonable and aimed at protecting the sovereignty and integrity of India.

Freedom to Move Freely Throughout the Territory of India (Article 19(1)(d))

The freedom to move freely throughout the territory of India ensures the right to travel and move freely within the country without unnecessary restrictions. This right is vital for personal liberty and economic activity.

Significance:

  • Promotes national unity and integration by allowing free movement across states.
  • Facilitates economic opportunities by enabling individuals to seek employment and conduct business in different regions.
  • Ensures that citizens can travel for personal, educational, and recreational purposes without hindrance.

Case Law: Satwant Singh Sawhney v. D. Ramarathnam (1967):

  • The Supreme Court recognized that the right to travel abroad is a part of personal liberty under Article 21, linked with the freedom to move freely under Article 19(1)(d).

Freedom to Reside and Settle in Any Part of the Territory of India (Article 19(1)(e))

The freedom to reside and settle in any part of the territory of India allows citizens to live and establish themselves in any part of India. This right is crucial for ensuring personal liberty and economic mobility.

Significance:

  • Encourages migration for employment, education, and better living conditions.
  • Promotes cultural integration and national unity by allowing people to settle in different parts of the country.
  • Supports the right to choose one’s place of residence without undue interference.

Case Law: Narmada Bachao Andolan v. Union of India (2000):

  • The court balanced the right to reside and settle with the state’s power to acquire land for public purposes, stressing the need for reasonable rehabilitation measures.

Freedom to Practice Any Profession, or to Carry on Any Occupation, Trade, or Business (Article 19(1)(g))

The freedom to practice any profession, or to carry on any occupation, trade, or business provides individuals the right to choose their work, trade, or business and pursue it freely. This right is fundamental for economic development and personal fulfillment.

Significance:

  • Encourages entrepreneurship and economic growth by allowing individuals to start and run businesses.
  • Promotes professional development and the pursuit of careers based on personal choice and talent.
  • Ensures that individuals can engage in lawful economic activities without unreasonable restrictions.

Case Law: State of Maharashtra v. Indian Hotel and Restaurants Association (2013):

  • The Supreme Court struck down the ban on dance bars in Maharashtra, ruling that the prohibition was an unreasonable restriction on the freedom to carry on an occupation.

Scope and Limitations

While Article 19 confers significant freedoms, it also recognizes that these rights are not absolute. The Constitution provides for reasonable restrictions that can be imposed by the state under specific circumstances. These restrictions are designed to balance individual freedoms with the interests of the community and the nation. The grounds for imposing restrictions include:

  • Sovereignty and integrity of India
  • Security of the state
  • Friendly relations with foreign states
  • Public order
  • Decency or morality
  • Contempt of court
  • Defamation
  • Incitement to an offense

These reasonable restrictions ensure that the exercise of individual freedoms does not infringe upon the rights of others or jeopardize public order and national security.

Judicial Interpretation

The Indian judiciary plays a pivotal role in interpreting and safeguarding the rights enshrined in Article 19. Through various landmark judgments, the courts have clarified the scope and extent of these freedoms while balancing them against the state’s interests. Cases like Shreya Singhal v. Union of India, which struck down Section 66A of the IT Act for violating freedom of speech, and State of Maharashtra v. Indian Hotel and Restaurants Association, which dealt with the ban on dance bars, illustrate the dynamic interpretation of these rights.

Conclusion

Article 19 of the Indian Constitution enshrines essential freedoms that are fundamental to the functioning of a democratic society. These freedoms enable individuals to express themselves, assemble, associate, move, reside, and pursue their chosen professions, contributing to their personal development and the nation’s progress. While these rights are subject to reasonable restrictions, the judiciary ensures that such limitations are not arbitrary and are within the constitutional framework. Understanding and upholding these freedoms is crucial for maintaining the democratic ethos and protecting the civil liberties of every citizen.

Article 19

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“.