Right To Freedom And Article 19


Part III of the constitution is centred on Article 19. It discusses various aspects of liberty. It goes like this:
 
1. All citizens shall have the right -
 
a. to freedom of speech and expression;
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b. to assemble peaceably and without arms;
 
c. to form associations or unions; or co-operative societies (inserted by the 97thAmendment act, 2011);
 
d. to move freely throughout the territory of India;
 
e. to reside and settle in any part of the territory of India; and
 
f. to acquire, hold and dispose of property*** (repealed by the 44thAmendment act, 1978)
 
g. to practise any profession, or to carry on any occupation, trade or business.
 
Right To Freedom And Article 19
2. Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, orprevent the State from making any law, in so far as such law imposes reasonablerestrictions on the exercise of the right conferred by the said sub-clause in the interestsof the sovereignty and integrity of India, the security of the State, friendly relations withforeign States, public order, decency or morality, or in relation to contempt of court,defamation or incitement to an offence.
 
3. Nothing in sub-clause (b) of the said clause shall affect the operation of any existing lawin so far as it imposes, or prevent the State from making any law imposing, in theinterest of the sovereignty and integrity of India or public order, reasonable restrictionson the right conferred by the said sub-clause.
 
4. Nothing in sub-clause (c) of the said clause shall affect the operation of any existing lawin so far as it imposes, or prevent the State from making any law imposing, in theinterests of the sovereignty and integrity of India or public order or morality, reasonablerestrictions on the exercise of the right conferred by the said sub-clause.
 
5. Nothing in sub-clause (d) and (e) of the said clause shall affect the operation of anyexisting law in so far as it imposes, or prevent the State from making any law imposing,reasonable restrictions on the exercise of any of the rights conferred by the said subclauseseither in the interests of the general public or for the protection of the interestsof any Schedule Tribe.
 
6. Nothing in sub-clause (g) of the said clause shall affect the operation of any existing lawin so far as it imposes, or prevent the State from making any law imposing, in theinterests of the general public, reasonable restrictions on the exercise of the rightconferred by the said sub-clause, and, in particular, nothing in the said sub-clause shallaffect the operation of any existing law in so far as it relates to, or prevent the State frommaking any law relating to, -
 
i. the professional or technical qualifications necessary for practising anyprofession or carrying on any occupation, trade or business, or
 
ii. the carrying on by the State or by a corporation owned or controlled by theState, of any trade, business, industry or service, whether to the exclusion,complete or partial, of citizens or otherwise.
 
Article 19 originally contained seven rights. The 44th Amendment Act of 1978, however, removed the right to acquire, hold, and dispose of property. These six rights are only protected from government action, not from private individuals. Furthermore, these rights are only available to citizens and company shareholders, not to foreigners or legal entities such as companies or corporations. The State can only impose'reasonable' restrictions on the enjoyment of these six rights based on the grounds listed in Article 19 and nothing else.
 

Freedom of Speech And Expression

Freedom of Speech and Expression entails that every citizen has the right to freely express his or her thoughts, opinions, beliefs, and convictions through speech, writing, printing, photography, or any other means. According to the Supreme Court, freedom of speech and expression includes the following:
 
(a) Right to propagate one’s views as well as views of others.
 
(b) Freedom of the press.
 
(c) Freedom of commercial advertisements.
 
(d) Right against tapping of telephonic conversation.
 
(e) Right to telecast, that is, government has no monopoly on electronic media.
 
(f) Right against bundh called by a political party or organisation.
 
(g) Right to know about government activities.
 
(h) Freedom of silence.
 
(i)Right against imposition of pre-censorship on a newspaper.
 
(j) Right to demonstration or picketing but not right to strike.
 
On the grounds of India's sovereignty and integrity, state security, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to an offence, the state can impose reasonable restrictions on the exercise of freedom of speech and expression.
 
“Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties”.
 
-James Milton
 
The ability to think and speak freely, as well as to obtain information from others through publications and public discourse, without fear of retaliation, restriction, or repression by the government, is the essence of free speech. People could band together to gain political clout, strengthen their morality, and help others become moral and enlightened citizens through free speech.
 
The first condition of liberty is the right to speak freely. It is said that freedom of speech is the mother of all other liberties because it occupies a preferred and important position in the hierarchy of liberty.
 
The right to freely express one's own convictions and opinions through words, writing, printing, pictures, or any other means is known as freedom of speech and expression. The right to free speech is widely accepted in modern times as the essence of a free society, and it must be protected at all times. The free flow of ideas in an open forum is the first principle of a free society. The freedom to express one's thoughts and opinions without hindrance, and especially without fear of punishment, is crucial to the development of a society and, ultimately, a state. It is one of the most important fundamental freedoms that is protected from state repression or regulation.
 
Freedom of speech is protected not only by national constitutions and statutes, but also by international treaties such as the Universal Declaration of Human Rights, the European Convention on Human Rights and Fundamental Freedoms, and the International Covenant on Civil and Political Rights. These declarations specifically mention the protection of freedom of expression and speech.
 

What Does Right of Assembly Mean?

Every citizen has the right to congregate in a peaceful and non-violent manner. It includes the freedom to hold public meetings, protests, and processions. This liberty can only be exercised on public property, and the gathering must be peaceful and unarmed. This provision does not protect violent, disorderly, riotous assemblies, assemblies that disrupt public order, or assemblies that involve the use of weapons. The right to strike is not included in this right.
 
On two grounds, the State can impose reasonable restrictions on the exercise of the right of assembly, namely, India's sovereignty and integrity, as well as public order, which includes the maintenance of traffic in the affected area. If there is a risk of obstruction, annoyance, or danger to human life, health, or safety, or a disturbance of the public tranquillity, a riot, or any affray, a magistrate can restrain an assembly, meeting, or procession under Section 144 of the Criminal Procedure Code (1973).
 
A gathering of five or more people is illegal under Section 141 of the Indian Penal Code if the goal is to (a) resist the execution of any law or legal process; (b) forcibly occupy someone's property; (c) commit any mischief or criminal trespass; (d) force someone to do something illegal; or (e) threaten the government or its officials when they are exercising lawful powers.
 
The right to form associations, unions, and co-operative societies is guaranteed to all citizens. It covers the formation of political parties, corporations, partnership firms, societies, clubs, organisations, trade unions, and any other group of people. It includes not only the right to form an association or union, but also the right to continue with that association or union. It also covers the negative right of refusing to form or join a union or association.
 
The State can impose reasonable restrictions on the exercise of this right on the grounds of India's sovereignty and integrity, public order, and morality. Citizens have complete freedom to form associations or unions for the pursuit of lawful objectives and purposes, subject to these limitations. The right to seek recognition for the association, on the other hand, is not a fundamental right.
 
The Supreme Court ruled that trade unions do not have a guaranteed right to effective bargaining, strike, or declare a lockout. An appropriate industrial law can regulate the right to strike.
 

Why Do We Need Freedom of Movement?

Every citizen has the right to move freely across the country's territory. He has complete freedom to move from one state to another or from one location within a state to another. This right emphasises the idea that India is a single entity in terms of citizens. As a result, the goal is to promote patriotism rather than parochialism. The interests of the general public and the protection of the interests of any scheduled tribe are the two grounds for imposing reasonable restrictions on this freedom. Outsider access to tribal areas is restricted to protect scheduled tribes' distinct culture, language, customs, and manners, as well as to protect their traditional vocation and properties from exploitation. The Supreme Court ruled that the freedom of movement of prostitutes can be restricted in the interests of public health and morals. The Bombay High Court upheld the restrictions on AIDS-affected people's movement. Internal (right to move within the country) and external (right to move outside the country) freedoms of movement exist (right to move out of the country and right to come back to the country). Only the first dimension is protected by Article 19. Article 21 deals with the second dimension (right to life and personal liberty).
 

What Is Freedom of Residence?

Right To Freedom And Article 19
Every citizen has the right to live and settle in any part of the country's territory. This right is divided into two parts: (a) the right to reside in any part of the country, which entails staying at any location temporarily, and (b) the right to settle in any part of the country, which entails establishing a permanent home or domicile.
 
This right aims to break down internal barriers within the country and between its constituent parts. This encourages patriotism while avoiding narrow-mindedness.
 
The State can impose reasonable restrictions on the exercise of this right on two grounds: the general public's interest and the protection of scheduled tribes' interests. Outsiders' ability to live and settle in tribal areas is restricted in order to protect scheduled tribes' unique culture, language, customs, and ways of life, as well as their traditional vocations and properties from exploitation. Tribals have been given the freedom to regulate their property rights according to their own customary rules and laws in many parts of the country.
 
The Supreme Court ruled that certain types of people, such as prostitutes and habitual offenders, can be barred from certain areas. It is clear from the foregoing that the right to residence and the right to movement overlap to some extent. Both are beneficial to one another.
 

What Is The Meaning Of Freedom of Trade?

All citizens have the right to practise any profession or conduct any occupation, trade, or business. This right is extremely broad, as it encompasses all means of earning a living. In the public interest, the state may impose reasonable restrictions on the exercise of this right. Furthermore, the government has the authority to:
 
(a) Prescribe professional or technical qualifications required for practising any profession or carrying on any occupation, trade, or business; and (b) Carry on any trade, business, industry, or service without the participation (complete or partial) of citizens.
 
Thus, when the State operates a trade, business, industry, or service as a monopoly (complete or partial) to the exclusion of citizens (all or some only) or in competition with any citizen, no objection can be raised. The government does not have to justify its monopoly.
 
This right does not include the right to engage in immoral (women's or children's trafficking) or dangerous professions, businesses, trades, or occupations (harmful drugs or explosives, etc.). The state has the authority to outright prohibit them or to regulate them through licencing.

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