Article 19

Article 19

Article 19:

Protection of certain rights regarding freedom of speech etc:

  1. All citizens shall have the right
  1. a) To freedom of speech and expression;
  2. b) To assemble peaceably and without arms;
  3. c) To form associations or unions;
  4. d) To move freely throughout the territory of India;
  5. e) To reside and settle in any part of the territory of India; and
  6. f) Omitted by the 44th Amendment Act
  7. g) To practice any profession, or to carry on any occupation, trade or business
  1. Nothing in sub clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
  1. Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of 4 [the sovereignty and integrity of India or] public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause.
  1. Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of 4 [the sovereignty and integrity of India or] public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.
  1. Nothing in 5 [sub-clauses (d) and (e)] of the said clause shall affect the operation of any existing law in so far as it imposes, or prevents the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.
  1. Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, 6 [nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise].

Explanation with landmark cases:

  • Freedom of Speech and Expression: Article 19 of the Constitution provides freedom of speech which is the right to express one’s opinion freely without any fear through oral/written/electronic/broadcasting/press. The Freedom of expression includes Freedom of Press. It covers the blogs and websites too.

Landmark case:

Maneka Gandhi v. Union of India: Freedom of speech and expression has no geographical limitation and it carries with it the right of a citizen to gather information and to exchange thought with others not only in India but abroad also.

  • Freedom of Assembly: The constitution guarantees right to hold meetings and take out processions. The processions and meetings should be unarmed and peaceful. This right may be restricted in the interest of the public order or sovereignty and integrity of the country. This Article has also been reviewed and interpreted by the Supreme Court many times.

Freedom of Association: The Constitution declares that all citizens will have the right to form associations and unions.

Landmark case:

T.K. Rangarajan v. State of Tamil Nadu: Right to form association does not carry the right to strike.

Freedom of Movement: The freedom of Movement is guaranteed by the Constitution and citizens can move from one state to another and anywhere within a state. A person free to move from any point to any point within the country’s territories. There are certain exceptions such as Scheduled Tribe areas and army areas.

Landmark case:

Kharak singh v. State of UP: Watching and shadowing of suspects for the purpose of keeping record of their movement and activities & Domiciliary visits.

Freedom of Residence: An Indian citizen is free to reside in any state except from Jammu & Kashmir. Again this is subject to certain restrictions.

Landmark case:

Ibrahim Wazir v. State of Bombay: Indian citizen came to India without permit and was arrested and deported to Pakistan by the Government.

Freedom of Trade and Occupation: The Constitution of India guarantees each of its citizens to do trade, Occupation or business anywhere in the country.

Landmark case:

P.A. Inamdar v. State of Maharashtra: Education is an occupation.

  • By admin  1 Comments   

    1 Comments

    Posted by Kailan on
    • May 14 2016
    Reply  
    God, I feel like I sholud be takin notes! Great work

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