This article is a compilation of Article 19 as it is. You can understand it well, that’s why its explanation is also given below, you must read it. Its explanation is also available in Hindi, for this you can use the link given below;
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📜 Article 19
|19. Protection of certain rights regarding freedom of speech, ete.— (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 1[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;
3[(f)* * * * * * * * * * * * * * * * * * * * * * * *]
(g) to practise any profession, or to carry on any occupation, trade or business.
4[(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 5[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 6[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 operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of 7[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 8[sub-clauses (d) and (e)] 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, 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 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, 9[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.]
1. Inserted by the Constitution (Ninety-seventh Amendment) Act, 2011, s. 2 (w.e.f. 8-2-2012).
2. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2 (w.e.f. 20-6-1979).
3. Sub-clause (f) omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2 (w.e.f. 20-6-1979).
4. Substituted (with retrospective effect) for clause (2) by the Constitution (First Amendment) Act, 1951, section 3.
5. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 2 (w.e.f. 5-10-1963).
6. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, s. 2 (w.e.f. 5-10-1963).
7. Inserted by the Constitution (Sixteenth Amendment) Act, 1963, s. 2 (w.e.f. 5-10-1963).
8. Substituted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 2, for “sub-section (d), sub-section (e) and sub-section (f)” (w.e.f. 20-6-1979).
9. Subs. by the Constitution (First Amendment) Act, 1951, s. 3, for certain words (w.e.f. 18-6-1951).
Freedom means the absence of external restrictions on an individual. In other words, to have control over one’s own life and destiny and to have the opportunity to freely express one’s desires and activities is freedom.
Talking about India, freedom is a fundamental right here. Actually part 3 of Indian constitution is about fundamental rights. From Article 19 to Article 22 of this, “right to freedom” has been discussed. (As you can see in the chart) We are going to understand Article 19 here;
|Right to Freedom|
|⚫ Article 19 – Protection of six rights; (1) Expression (2) Conference (3) Association (4) Transmission (5) Residence (6) Trade|
⚫ Article 20 – Protection in respect of conviction for offenses
⚫ Article 21 – Life and personal liberty
⚫ Article 21A – Right to elementary education
⚫ Article 22 – Protection from arrest and detention
| Article 19 – Protection of certain rights regarding freedom of expression etc.
We can see that there are a total of 6 sections under Article 19, out of which 6 types of freedom have been given under its first section and reasonable restrictions have been talked about in the rest of the sections (from section 2 to 6). .
Q. Reasonable restriction means that the rights of a person are restricted to such an extent that it is necessary in the interest of all.
It means to say that Article 19(1) enforces the fundamental rights but it is not absolute. The state can impose restrictions on these rights keeping certain things in mind. What is that thing, we will discuss it further, first let us understand which six rights Article 19(1) talks about;
To all citizens under Article 19(1),
(a) of freedom of expression,
(b) to conference peacefully and without arms,
(c) to form associations or groups,
(d) to move freely within India,
(e) to settle anywhere in India, and
(g) shall have the right to carry on business anywhere in India.
*** Article 19 under the original Constitution talked about 7 rights, but (f) which was related to the right to buy or sell property; It was removed in 1978 through the 44th Constitutional Amendment.
And it was put under Article 300A. Where it is clearly written that no person can be deprived of his property without the authority of law.
The main reason behind its removal was to implement land reforms. Or rather, it had to be incompatible with other fundamental rights in the Indian conditions of that time.
|The matter was in such a way that earlier there used to be big landlords and the ownership of the land was with him. And Article 19 also protected his property.|
In such a situation, the problem of the poor remaining poorer and always working as a bonded laborer with the landlord could have given rise to a new type of slavery.
That’s why it was removed from the fundamental right and made a constitutional right so that the landlord system could end, the poor could also get their land and the government should have the availability of land for any work in the public interest.
There was another right related to this in Article 31, that too was removed by the 44th Constitutional Amendment. This whole episode can be understood from the Kesavanand Bharti↗️ case.
Now let us understand these six rights one by one;
(a) Freedom of expression
Everyone has the right to express his views and opinions fully. He may do so by speaking, writing, printing, drawing or in any other manner.
The Supreme Court has included the following things in freedom of expression;
(1) The right to propagate and propagate one’s own or anyone else’s views.
(2) Freedom of press and advertisement.
(3) Right to information about government activities.
(4) Right to peace
(5) Right to protest and protest, but not the right to strike. Etcetera.
Remember that all these things are not written in the constitution in s
uch a way that it is believed that all these rights will come under the freedom of expression.
Article on freedom of expression keeping in view the unity and sovereignty of India, security of the state, establishment of morality, friendly relations with foreign states, contempt of court, public order, defamation and guilt provocation etc. Reasonable restriction can also be imposed under 19(2).
| Understand freedom of expression in detail – Freedom of Expression: Meaning, Clauses & Restrictions
(b) Right to assemble peacefully and without arms
Citizens have been given the freedom to meet each other under Article 19(1)(b). But it should be without weapons and peacefully.
In other words, it includes the right to organize without arms, to participate in public meetings and to demonstrate.
The right to take out a peaceful procession or procession is considered under this. But it is subject to traffic laws.
This system is not for violence, disorder and disturbing public peace. And if the state wants, it can impose reasonable restrictions under Article 19(3).
Remember here that while exercising the right of convention, no person should violate the fundamental duties given in Article 51A, such as not to destroy public properties.
(c) Right to form union or group
Under this – the right to form a political party, company, partnership firm, societies, club, organization or any other type of association is included. Along with this, the right to operate it is also included under it.
And most importantly, it also includes the right to refuse to be part of an association or group.
Also remember here that Article 19 gives rights to the citizens and not to the union or group. That is, an association can claim rights as a group of citizens, not as an association or faction.
Secondly, Article 19(1)(c) gives the right to form an association, the right to hold an assembly comes from 19(1)(b) and the right to move from one place to another comes from 19(1)(d). get from.
The state can also impose reasonable restrictions on this under Article 19(4) on grounds of sovereignty and integrity of India or public order or morality.
Because under this no one can be given the freedom to form a terrorist organization. Or cannot give freedom to anyone to go on strike.
(d) Right to move freely in India
As the name suggests, it ensures the right to move freely within India and not outside India.
That is to say, it gives the right of movement from one place to another within the territory of India, or between different parts of the same State without any discriminatory restrictions.
However, even this is not free from reasonable restrictions. For example, there can be many places inside India where free movement can be stopped or permits can be taken. This is usually done in tribal areas with the aim of saving its culture.
Apart from this, the person involved in the crime can be prevented from going anywhere. Or persons coming from abroad may be prevented from visiting certain places.
Apart from this, if someone has such a disease that can spread to others, then that too can be prevented by uninterrupted transmission. The state gets the right to impose reasonable restrictions in this matter under Article 19(5).
(e) Right to settle anywhere in India
Here also it is clear from the name that it is related to the right to settle anywhere in India and not outside India. Even within India, it gives the right to settle both temporarily and permanently.
Since it is available to Indian citizens, therefore no foreigner can claim this right.
But here also, if the state wishes, it can impose reasonable restrictions under Article 19(5). This is also usually related to tribal areas or any other sensitive areas where it is not appropriate to settle.
Article 19(1) (f) – Freedom of property – deleted by 44th Constitutional Amendment.
It means to say that since now the right to property has been removed from the fundamental right, therefore no citizen can claim the right to acquire, hold and dispose of property under the fundamental right.
This also means that now if a person’s property is taken away from him on the basis of any law, then he cannot take it to the court under the fundamental right.
(g) Right to do business anywhere in India
Under this, freedom has been given to adopt any business in India. It means to say that the citizen has the right to choose which business he wants to do, which job he wants to do or does not want to do anything.
If a person does not want to do something then he cannot be forced to do any business against his will.
It is special in some ways, as if a person wants to do business of transporting passengers from one place to another, then the state cannot stop him from plying on the road. But on the other hand, if a person wants to do business by plucking fruits from other’s tree, then it will not be acceptable.
That is to say, the State can here also impose reasonable restrictions under Article 19(6) and (1) make any particular qualification necessary for any profession or business. (2) reserve any business or industry for carrying on by itself.
Certain facts relating to Article 19
- Article 19 is limited to civil rights only. That is, it does not extend to political rights. [Political rights means the right to vote or the right to hold political office.
- Article 19 is basically natural or common law. That is, it is different from those rights which are created by any law. The meaning of saying is that whether a law is made or not, people will express themselves, no one can stop it.
- If there is a right which is not mentioned in Article 19, it does not mean that it is not a fundamental right. As the right to freedom of the press is not written in Article 19 but still it comes under the same.
- Article 19 applies only to citizens and not to persons who are not citizens of India.
So overall this is Article 19, I hope you have understood its concept. Don’t forget to read other articles coming under Right to Equality.
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⚫ अनुच्छेद 21A
⚫ अनुच्छेद 22
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⚫ Fundamental Rights
⚫ Judiciary in India
⚫ Executive in India
⚫ Basics of Parliament
⚫ Fundamental Rights
⚫ Judiciary in India
⚫ Executive in India
Disclaimer - The articles and their interpretations presented here are based on the original Constitution (latest edition), DD Basu's commentary on the Constitution (mainly) and various scholars of the Constitution (whose writings are available in newspapers, magazines and audio-visuals on the Internet). We have just tried to make it interesting and easy to understand.