CONSTITUTION OF INDIA

ARTICLE 19
NAMES ROLL NO.
SAMUEL DSOUZA 15
ARNOLD FERNANDES 18
RAJESH GAWANDI 21
KRISHNA GIRI 23
MOKSH GODANI 24
INTRODUCTION
The constitution of India guarantees various
fundamental rights tp its citizens. One such
important right is right to freedom under Article 19.
The right to freedom is the backbone of the
fundamental rights.
These rights make the democracy meaningful.
 Article 19 of the constitution
provides six freedoms:
1. Right to freedom of speech and expression
2. Right to assemble peacefully without arms
3. Right to form associations or unions
4. Right to movie freely throughout the territory of India
5. Right to reside and settle in any part of the territory of India
6. Omitted by 44TH amendment act.
7. Right to practice any profession or to carry on any occupation
trade or business
Each one of these six freedoms are is subject some
restrictions.
These Rights are not absolute.
These rights are provided to an individual for the
interest of the community.
The restrictions imposed on these rights must be
imposed by the state.
For example the right of person to move anywhere does
not enable him to enter any place he likes.
Article 19(1)(a)-19(2)
Freedom of Speech and Expression
Article 19(1)(a) of the constitution of India states that, "all
citizens shall have the right to freedom of speech and
expression".
The exercise of this right is however, subject to "reasonable
restrictions" for certain purposes being imposed under Article
19(2) of the Constitution of India.
Meaning of freedom of Speech and
Expression

Freedom of speech and expression includes liberty to

propagate not one's views only. It also includes the
right to propagate or publish the views of other people.
The fundamental principle involved in the freedom of
speech and expression is the 'peoples' right to know.
Case Law

Maneka Gandhi vs Union of India [AIR 1978 SC 597]

Life Insurance corporation of India vs Manubhai D. Shah
(1992) 3 SCC 637
Bijoe Emmanuel vs State of Kerala [(1986) 3 SCC 615]
 International Conventions
The freedom of speech and expression is not only guaranteed by
the constitution or statutes of various state but also by
various international conventions such as:
1. Universal Declaration of Human rights;
2. European conventions of Human rights and Fundamental freedoms;
3. International covenant on Civil and Political Rights
Restrictions
Clause (2) of Article 19 of the Indian constitution imposes certain
restrictions on the exercise of the right to freedom of speech and
expression on eight grounds:
Security of the state Contempt of court
Friendly relations with Defamation
the foreign states Incitement to an offence
Public order Sovereignty and
Decency and morality integrity of India
Article 19(1)(b) and 19(3) Freedom of Assembly

The constitution guarantees to its citizens the right to

assemble peaceably and without arms
This right includes the right to hold public meetings and to
take out processions
This right may be restricted in the interest of the public order
or sovereignty and integrity of the country
The assembly must be non-violent and must not cause any breach
of public peace.
Case Law
Babu Lal Parate vs State of Maharashtra[AIR 1961 SC 884]
Dasappa vs Dy Addl. Commissioner [AIR 1960 Mys. 57]
Railway Board vs Niranjan Singh [AIR 1969 SC 966]
 Article 19(1)(c) and 19(4)
Freedom of Association
The constitution of India provides that all citizens shall
have the freedom to form association or unions
This right is however subject to the power of the state to
make any law imposing reasonable restrictions on such right
In the interest of sovereignty and integrity of India
Public order and morality
 Case law

Damayanti vs Union of India [AIR 1971 SC 966]

All India Bank Employee's Association vs
National Industrial Tribunal [AIR 1962 SC 171]
Article 19(1)(d) and 19(5) Freedom of
movement
The freedom of movement is guaranteed by the constitution
and citizen can move freely within the territory of India.
A person can move freely from one point to any point within
the country's territory
There are some restrictions on the movement however a person
cannot move to any location of the Schedule Tribes or the
army base.
Case law
A.K Gopalan vs State of Madras[AIR 1960 SC 27]
Ajay Cann vs Union of India [(1988) 4 SCC 156]
Article 19(1)(e) and 19(5) Freedom of
Residence
This right is a necessary corollary to the above freedom. If a
citizen has the freedom to move freely throughout the
territory of India, he must be necessarily also have the
freedom to reside and settle in any part of the country.
The state may impose reasonable restrictions on the freedom in
the interest of the general public or for the protection of
the interest of Schedule Tribe.
Case Law

Kharak Singh vs State of UP [AIR 1963 SC 1295]

State of UP vs Kaushalya [AIR 1964 SC 416]
Article 19(1)(g) and 19(6) Freedom
of Trade & Occupation
This right provided by the constitution states that all
citizen has the freedom to practice any profession, or
carry on any occupation, trade or business.
Every citizen has the right to choose any employment or to
take up any trade or business, subject to the limits as may
be imposed by the state in the interest of public welfare.
This right does not guarantee a monopoly to any individual
or association to carry on any occupation.
Case Law

Secy to Govt T.N vs K. Vinayagamurthy [(2002) 7 SCC 104 (Para 7)]

T.M.A Pai Foundation vs State of Karnataka [(2002) 8 SCC 481]
Thank you!