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Article 19

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Polity/Constitutional Framework /Fundamental Rights/Right to Freedom/
Article 19

Article 19

Article 19 of the Indian Constitution provides citizens with six fundamental rights. These rights are protected against state action (government interference), not actions of private individuals. They are available only to citizens and to shareholders of a company, but not to foreigners or legal entities like companies or corporations. Here are the six rights guaranteed by Article 19:
  1. Right to Freedom of Speech and Expression:
  1. Right to Assemble Peaceably and Without Arms:
  1. Right to Form Associations, Unions, or Co-operative Societies:
  1. Right to Move Freely Throughout the Territory of India:
  1. Right to Reside and Settle in Any Part of the Territory of India:
  1. Right to Practice Any Profession, Occupation, Trade, or Business:
Originally, Article 19 also included the right to acquire, hold, and dispose of property. However, this right was removed by the 44th Amendment Act of 1978.
 
Freedom of Speech and Expression is a fundamental right under Article 19(1)(a) of the Indian Constitution, which allows citizens to freely express their views, opinions, beliefs, and convictions. This freedom encompasses various forms of expression, such as speaking, writing, printing, picturing, and other means. The Supreme Court has outlined several aspects included in the freedom of speech and expression:
  1. Right to Propagate One's Views:
  1. Freedom of the Press: Journalists and media outlets can report news and express opinions freely.
  1. Freedom of Commercial Advertisements: Advertisers can promote their products and services.
  1. Right Against Tapping of Telephonic Conversation: Protects privacy by preventing unauthorized surveillance.
  1. Right to Telecast: Government does not have a monopoly on electronic media.
  1. Right Against Bundh Called by a Political Party or Organization: Protects the public from being forced to participate in political protests.
  1. Right to Know About Government Activities: Citizens have the right to access information about the functioning of the government.
  1. Freedom of Silence: Citizens can choose to remain silent.
  1. Right Against Imposition of Pre-Censorship on a Newspaper: Protects against prior restraint on media outlets.
  1. Right to Demonstration or Picketing: Citizens can peacefully demonstrate, though this does not include the right to strike.
  1. Right to Fly the National Flag:
  1. Right of Voters to Know the Antecedents of the Candidates Contesting Elections: Voters have the right to information about candidates.
  1. Right to Choose the Medium of Instruction at the Stage of Primary School: Parents and students can select the language of instruction.
  1. Right to Express Gender Identity: Citizens can express their gender identity freely.
  1. Right to Reply: Citizens have the right to respond to criticism.
  1. Right to Post Information/Videos on the Internet/Social Media: Protects freedom of expression online.
  1. Right of Film-Makers to Exhibit Their Films: Protects the freedom of creative expression.
  1. Right to Access the Internet: Ensures citizens can access information via the internet.
The State can impose reasonable restrictions on the exercise of freedom of speech and expression on grounds such as the sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to an offence.
 
Freedom of Assembly allows every citizen the right to peacefully assemble without arms. This freedom includes the ability to hold public meetings, demonstrations, and processions. However, this right is subject to certain conditions:
  1. Peaceful and Unarmed: Assemblies must be peaceful and without arms. Violent, disorderly, or riotous assemblies, as well as those causing a breach of public peace, are not protected.
  1. Public Land: Assemblies can only be held on public land.
  1. Reasonable Restrictions: The state can impose restrictions on assemblies for reasons of sovereignty and integrity of India and maintaining public order, including the regulation of traffic.
  1. Legal Authority: Under Section 144 of the Criminal Procedure Code (1973), a magistrate can restrain assemblies if there is a risk to human life, health, safety, or public tranquility.
  1. Unlawful Assemblies: An assembly of five or more persons can be deemed unlawful under Section 141 of the Indian Penal Code if its purpose is to resist the execution of laws, forcibly occupy property, commit mischief or criminal trespass, force someone to perform an illegal act, or threaten the government or its officials in the exercise of lawful powers.
 
Freedom of Association grants citizens the right to form associations, unions, or co-operative societies. This includes the right to establish political parties, companies, partnerships, societies, clubs, organizations, trade unions, or other groups. The right covers the ability to start and continue an association or union, as well as the freedom not to join one.
The state can impose reasonable restrictions on this right for reasons of sovereignty, integrity of India, public order, and morality.
The Supreme Court has ruled that trade unions do not have an absolute right to effective bargaining, the right to strike, or the right to declare a lock-out. These rights can be regulated by industrial laws.
 
Freedom of Movement
  • Every citizen can move freely across the country and within any state.
  • This freedom emphasizes that India is one unified country for all its citizens, promoting national unity.
  • Reasonable restrictions can be imposed to protect the general public and the interests of scheduled tribes.
  • In tribal areas, restrictions may be necessary to preserve the unique culture, customs, and properties of scheduled tribes.
  • The Supreme Court allows for restrictions on the movement of prostitutes in the interest of public health and morals.
 
Freedom of Residence
  • Every citizen can live and settle anywhere in the country.
  • This right includes:
    • Staying temporarily in any place in India.
    • Establishing a permanent home or residence anywhere in India.
  • This freedom helps remove internal barriers and promotes national unity.
  • Reasonable restrictions may be imposed to:
    • Protect the general public.
    • Safeguard the interests of scheduled tribes.
  • The Supreme Court allows certain areas to be restricted for specific groups such as prostitutes and habitual offenders for public health and safety reasons.
 
Freedom of Profession
  • Every citizen can practice any profession or engage in any occupation, trade, or business.
  • This right is broad and covers all ways of earning a living.
  • Reasonable restrictions may be placed by the state to protect the general public.
  • In the Anuradha Bhasin case (2020), the Supreme Court ruled that practicing any profession or carrying on trade or business over the internet is protected by Article 19(1)(g) of the Constitution.