Article 19 is a cornerstone of the Fundamental Rights enshrined in Part III of the Indian Constitution. It provides citizens with six fundamental freedoms that are essential for a vibrant democracy and the overall development of individuals. However, these freedoms are not absolute and are subject to reasonable restrictions imposed by the State on specified grounds.
This article is particularly significant as it defines the extent of individual liberty concerning expression, assembly, association, movement, residence, and livelihood, balancing these rights with the needs of public order, security, morality, and other societal interests. It is a frequent subject of judicial interpretation, leading to numerous landmark Supreme Court judgments that define its scope and limitations.
Original Text
19. 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 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; and (f) omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2 (w.e.f. 20-6-1979). (g) to practice 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 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 or public order.
(4) Nothing in sub-clause (c) 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 or public order or morality.
(5) Nothing in sub-clauses (d) and (e) 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 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 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 general public 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 (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.
Detailed Explanation
Article 19(1) enumerates six fundamental freedoms available only to citizens of India. These are: a) Freedom of speech and expression b) Freedom of assembly (peaceful and without arms) c) Freedom of association (including forming unions and co-operative societies) d) Freedom of movement (throughout India’s territory) e) Freedom of residence and settlement (anywhere in India) f) (Omitted - Right to Property) g) Freedom of profession, occupation, trade, or business
These rights are not absolute. Clauses (2) to (6) of Article 19 provide the grounds on which the State can impose ‘reasonable restrictions’ on the exercise of these freedoms by law. The ‘reasonableness’ of a restriction is subject to judicial review, meaning courts can examine whether a restriction is necessary, proportionate, and not excessive. The grounds for restriction vary for each freedom, reflecting the specific nature of the right and the potential impact its unfettered exercise might have on societal interests. For instance, restrictions on speech are based on grounds like security of state, public order, etc., while restrictions on movement/residence can be for the protection of Scheduled Tribes’ interests.
Detailed Notes
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Article 19(1) - The Six Freedoms (Available only to Citizens)
- Article 19(1)(a): Freedom of Speech and Expression
- Includes the right to express one’s views, opinions, beliefs, and convictions freely by word of mouth, writing, printing, picture, or any other manner.
- Widely interpreted by the Supreme Court to include:
- Freedom of the press.
- Freedom of commercial advertisements (Tata Press Case).
- Right against tapping of telephonic conversations (PUCL Case).
- Right to information (Union of India v. Association for Democratic Reforms, broadened by RTI Act).
- Right to freedom of silence.
- Right to demonstrate or picket but not the right to strike.
- Right to hoist the national flag (Union of India v. Naveen Jindal).
- Right to telecast (citizens have the right to telecast and electronic media is under the purview of this right).
- Right to know government activities.
- Right against forced silence (Bijoe Emmanuel case - National Anthem case).
- Restrictions (Article 19(2)): Can be restricted only on the following grounds by law:
- Sovereignty and integrity of India.
- Security of the State.
- Friendly relations with foreign States.
- Public order.
- Decency or morality.
- Contempt of court.
- Defamation.
- Incitement to an offence.
- Key Case: Romesh Thappar v. State of Madras (freedom of press included); Sakal Papers v. Union of India (Restriction on number of pages and price of newspaper held unconstitutional); Shreya Singhal v. Union of India (Section 66A of IT Act struck down).
- Article 19(1)(b): Freedom of Assembly
- Right to assemble peaceably and without arms.
- Includes the right to hold public meetings, demonstrations, and take out processions.
- Does not protect violent, disorderly, or armed assembly.
- Does not protect the right to hold a meeting on public land if the assembly obstructs public traffic or causes public nuisance.
- Restrictions (Article 19(3)): Can be restricted only on the following grounds by law:
- Sovereignty and integrity of India.
- Public order.
- Article 19(1)(c): Freedom of Association
- Right to form associations or unions or co-operative societies.
- Includes the right to form political parties, companies, societies, partnership firms, trade unions, or any body of individuals.
- Also includes the right not to form an association or union.
- Does not confer the right to get recognition for the association or achieve the objective of the association.
- Restrictions (Article 19(4)): Can be restricted only on the following grounds by law:
- Sovereignty and integrity of India.
- Public order.
- Morality.
- Article 19(1)(d): Freedom of Movement
- Right to move freely throughout the territory of India.
- Guarantees citizens the right to move within the country.
- The freedom has two dimensions: (i) internal (movement within the country covered by Art. 19(1)(d)) and (ii) external (movement outside the country, covered by Art. 21).
- Restrictions (Article 19(5)): Can be restricted only on the following grounds by law:
- In the interests of the general public.
- For the protection of the interests of any Scheduled Tribe.
- Article 19(1)(e): Freedom of Residence and Settlement
- Right to reside and settle in any part of the territory of India.
- Includes the right to reside temporarily in any part of India and the right to settle permanently in any part of India.
- This right promotes nationalism and removes internal barriers within the country.
- Restrictions (Article 19(5)): Can be restricted only on the following grounds by law:
- In the interests of the general public.
- For the protection of the interests of any Scheduled Tribe.
- Article 19(1)(f): Right to Property
- Originally provided the right to acquire, hold, and dispose of property.
- Deleted by the 44th Amendment Act, 1978. It is now a legal right under Article 300A.
- Article 19(1)(g): Freedom of Profession, etc.
- Right to practice any profession, or to carry on any occupation, trade or business.
- Includes all types of livelihood activities.
- Does not include the right to carry on a business that is immoral or dangerous (e.g., trafficking in women/children, dangerous drugs, etc.). The State can absolutely prohibit these.
- The State can impose professional or technical qualifications for practicing a profession or carrying on a trade or business.
- Restrictions (Article 19(6)): Can be restricted only on the following grounds by law:
- In the interests of the general public.
- State can prescribe professional or technical qualifications for any profession/occupation/trade/business.
- State can carry on any trade, business, industry, or service to the exclusion (complete or partial) of citizens. This provision allows for nationalization.
- Key Case: State of Bombay v. F.N. Balsara (State can prohibit sale of liquor); Excel Wear v. Union of India (Right to carry on business includes right to close it, but subject to public interest restrictions).
- Article 19(1)(a): Freedom of Speech and Expression
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Reasonable Restrictions:
- The term ‘reasonable’ implies that the restriction must not be arbitrary or excessive.
- Reasonableness is determined by the courts, taking into account factors like the nature of the right, the purpose of the restriction, the extent and urgency of the evil sought to be remedied, the disproportion of the imposition, and the prevailing conditions.
- The restriction must have a direct and proximate nexus or a reasonable connection with the object which the legislature seeks to achieve.
- The restriction must be by law (legislative or executive action under a valid law).
Additional Comments
- Article 19 rights are available only to citizens, not to foreigners or legal persons like companies (though companies may invoke other fundamental rights like Article 14 or 21).
- These rights are protected against state action, not against private individuals (though laws enacted by the state may regulate the actions of private individuals).
- The grounds for restrictions are exhaustive, meaning restrictions cannot be imposed on grounds not mentioned in clauses (2) to (6).
- The concept of ‘reasonable restriction’ is crucial and involves balancing individual liberty with social control, subject to judicial scrutiny.
- The 1st Amendment Act, 1951 added ‘public order’, ‘friendly relations with foreign states’, and ‘incitement to an offence’ as grounds for restricting freedom of speech and made the restrictions ‘reasonable’. It also made restrictions on freedom of trade/business in the public interest justiciable.
- The 16th Amendment Act, 1963 added ‘sovereignty and integrity of India’ as grounds for restriction under clauses (2), (3), and (4).
- The 97th Amendment Act, 2011 added “co-operative societies” to Article 19(1)(c).
Summary
Article 19 of the Indian Constitution guarantees six fundamental freedoms to all citizens: freedom of speech and expression, peaceful assembly, association, movement throughout India, residence and settlement in any part of India, and the right to practice any profession or carry on any occupation, trade, or business. These rights are subject to reasonable restrictions that the State may impose by law on specific grounds enumerated in clauses (2) to (6) of the article, varying for each freedom, such as sovereignty and integrity of India, security of the State, public order, morality, and the interests of the general public or Scheduled Tribes. The right to property, originally in Article 19(1)(f), was removed as a fundamental right by the 44th Amendment Act. The reasonableness of any restriction is determined by the judiciary.