Pol 6 D9 Article 19

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GS Foundation 2024
Batch D9 - #Pol006
Article 19: Protection of certain rights regarding freedom of speech

etc.
Protection of certain rights regarding freedom of speech etc
(1) All citizens shall have the right
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) omitted
(g) to practise any profession, or to carry on any occupation, trade or
business
(2) 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
(3) 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 the
sovereignty and integrity of India or public order, reasonable
restrictions on the exercise of the right conferred by the said sub
clause
(4) Nothing in sub clause (c) of the said clause shall affect the
State from making any law imposing, in the interests of 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
(5) Nothing in sub clauses (d) and (e) of the said clause shall affect 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
(6) Nothing in sub clause (g) of the said clause shall affect 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, 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,
(i) the professional or technical qualifications necessary for practising
any profession or carrying on any occupation, trade or business, or
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(ii) 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
All the citizens shall have right-
a) To freedom of speech and expression.
b) To assemble peacefully and without arms.
c) To from associations or Unions or Co-operative societies.
d) To move freely throughout the territory of India.
e) To reside and settle in any part of the territory of India.
f) Repealed by 44th Amendment Act 1978.
g) To provide any profession or to carry on any occupation, trade or
business.
These six rights are protected against only state action and not
private individuals. Moreover, these rights are available only to the
citizens and to shareholders of a company but not to foreigners or
legal persons like companies or corporations etc.
No freedom is absolute. Some reasonable restrictions are imposed to
strike a balance between individual liberty and public order.
According to Supreme Court, the reasonable restrictions define that
the limitation imposed upon a person in the enjoyment of a rights
should not be or of an excessive nature.
Restriction can be constitutionally valid if it satisfies following two
tests-
Restriction must be for the purposes mentioned in clauses 2 to 6 of
Article 19.
(a) Right of Freedom of speech and Expression: It means the rights
to express one’s convictions and opinion freely by words of mouth,
writing, printing, pictures or any other mode. The right to speech
and expression include right to make good or bad speech but not the
hate speech. It also includes the expression of idea through
dramatic-performance, cinematographic and any other made
expression.
The Supreme Court held that the freedom of speech and expression
includes the following.
I. Right to propagate one’s views as well as other’s view.
II. Freedom of press.
III. Freedom of commercial advertisement.
IV. Right against tapping of telephonic conversation.
V. Right to telecast, freedom to electronic media.
VI. Right against bundh or strikes called by polities parties.
VII. Freedom of silence.
(b) Freedom of press: Constitution allowed freedom of press in wider
freedom of expression freedom of expression also includes the
opinion of others. There is no separate guarantee of freedom of
speech and expression. Freedom of the press under Article 19(1) has
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also to be secured so as to allow the public to be well informed. The

freedom of press hays following elements:
(i) Freedom of access to all source of information.
(ii) Freedom of publication and
(iii) Freedom of circulation.
The freedom of press is subject to same limitations as are provided
by Article 19(2). This imposition of pre-censorship on publication of
views, ideas, analysis etc is violation of freedom of speech and
expression. Indian press (Emergency) Act of 1931, the press
objectionable material Act of 1951 imposing restriction on freedom
speech, and expression of press have been repeated. The media is
today subject to press council of India regulations.
The state can impose reasonable restrictions on the exercise of the
freedom of speech and expression on the ground of sovereignty and
integrity of India, security of state, friendly relations with foreign
states, public order, decency or morality, contempt of court,
defamation, an incitement to an offence.
(c) Freedom of Assembly: It includes the right to hold public
meetings, demonstrations and take out processions. This freedom
can be exercised only on public land not on private property. This
provision does not protect violent, disorderly, riotous assemblies, or
one that causes breach of public peace or one that involves areas.
The state can impose reasonable restrictions on the exercise of right
of assembly, to protect sovereignty and integrity of India and public
order including the maintenance of traffic in area concerned.
The magistrate can put reasonable temporary restrictions on the
freedom of assembly of citizens under section 144 of Cr.P.C. to
prevent imminent threat to public order and peace.
(d) Freedom of associations or Union: All citizens have right to form
associations or unions or co-operative societies. Citizens can form
political parties, companies, partnership firms, societies, clubs,
organizations, trade union or anybody of persons. It covers negative
right also like not to form or join an association or Union. It implies
freedom to form or not to form, to join or not to join as association.
The state can impose reasonable restrictions on freedom of
association or union in the interest of (a) public order (b) morality
and decency (c) the sovereignty and integrity of India.
The Supreme Court ruled that the trade unions have no guaranteed
right to effective bargaining or right to strike of right to declare or
right to declare lock-out court stated that “no person has the right to
destroy another’s property in guise of bandh, hartal, strike, to cause
inconvenience to others and to create a risk to life, liberty or
property”. Parliament has banned the formation of trade Unions to
the members of Armed forces, police etc.
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(e) Freedom of movement: All citizens have rights to move freely

throughout the territory of India. They can move from one state to
another or from one place to another place within a state.
The state can impose reasonable restrictions in the interest of the
general public and the protection of interest of any scheduled tribe.
The entry of outsiders in the tribal area is restricted to protect
distinctive culture language, customs etc. The restriction may be
imposed on movement of travelling, so as to control epidemics or for
that matter to protect environment or biodiversity etc.
The freedom movement has two dimensions.
(1) Internal movement – It means to move inside the country.
(2) External movement – It means to move outside the country.
It is dealt by right to life and personal liberty guaranteed by Article 21
and not by Article 19.
(f) Freedom to reside and settle: citizens have right to reside and
settle in any part of territory of India.
a) Right to reside means to stay at any place for temporarily.
b) Right to settle means to set up a home or domicile at any place
permanently.
Their object is to remove barrier within India. They promote national
Unity and integrity of India.
State can impose reasonable restrictions on the ground of general
public interest and protection of interest of any scheduled tribe. The
freedom to travel and reside or settle in North-Eastern state of India,
Uttarakhand etc. has been restricted for the same reasons mentioned
earlier.
(g) Freedom of profession or occupation: All the citizens have right
to practice any profession or carry on any occupation, trade or
business. This right covers means of earning and livelihood.
State can impose reasonable restrictions in the interest of the
general public. State can also impose conditions, on any profession,
on following ground.
a) Professional or technical qualifications necessary for practicing
any procession or carry on any occupation, trade or business.
b) Exclusion (completely or partially) from any trade, business,
industry or service by the state owned corporation.
The right does not include the right to carry on profession or
business or trade or occupation that is immoral (trafficking in women
or children) or dangerous (harmful drug or explosives etc). The state
can absolutely prohibit these or regulate them through licensing.
Recent cases invoking A. 19
Right to Information: This right as provided by RTI act, 2005 is the
codification of important fundamental right under article 19. In State
of U.P. v Raj Narain SC held that the Right to Information is implicit
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in the right to freedom of speech and expression explicitly

guaranteed in Article 19 of the Indian Constitution.
Freedom of the press: In Romesh Thappar v State of Madras (AIR
1950 SC 124), the Supreme Court of India held that the freedom of
speech and expression includes freedom to propagate ideas which is
ensured by freedom of circulation of a publication, as the publication
is of little value without circulation.
Criminal defamation case In a most recent case, the Supreme Court
ordered the release of journalist Prashant Kanojia, who was arrested
by UP police under criminal defamation law. SC also held that this
arrest was a violation of rights and freedom provided under article 21
and 19.
Criminal defamation law - Section 499 and 500 of IPC deals with the
offense of criminal defamation. Section 499 defines what activities
constitute to criminal defamation. Section 500 provides for the
punishment for this offense. Article 19(2) provides, freedom of speech
is not an absolute right, and certain reasonable restrictions can be
enforced upon it. Defamation is one of the restrictions provided. But
term ‘reasonable’ here requires striking a balance between rights and
restrictions. This issue was settled by Supreme Court in the case of R
Rajagopal versus the State of Tamil Nadu, wherein the Supreme
Court had adopted the "Sullivan test", which makes the accused liable
for defamation only if he had made the statements with reckless
disregard for the truth. However, this does not apply for criminal
defamation cases.
Section 66A of IT Act- In the case of Shreya Singhal v. Union of
India, section 66A of the Information and Technology Act, 2000, was
declared unconstitutional on the ground that it was in direct conflict
with the fundamental right of freedom of speech and expression. The
Supreme Court held that under the Constitutional scheme, for the
democracy to thrive, the liberty of speech and expression ―is a
cardinal value and of paramount importance.
Right to Internet a FR under A. 19?
The Supreme Court on Friday said that access to the Internet is a
fundamental right under Article 19 of the Constitution, and asked the
Jammu and Kashmir administration to review within a week all orders
imposing curbs in the Union Territory. Restrictions on fundamental
rights could not be in exercise of arbitrary powers. These freedoms
could only be restricted as a last resort if “relevant factors” have been
considered and no other options are there.
SC said access to Internet is a fundamental right under Article 19 of
the Constitution, subject to some restrictions and said freedom of
press is a valuable and sacred right. It said magistrates, while passing
prohibitory orders, should apply their mind and follow doctrine of
proportionality.

Pol 6 D9 Article 19

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Page 1 of 5

Article 19: Protection of certain rights regarding freedom of speech

(ii) the carrying on by the State, or by a corporation owned or

also to be secured so as to allow the public to be well informed. The

(e) Freedom of movement: All citizens have rights to move freely

in the right to freedom of speech and expression explicitly

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