Right To Freedom (Article 19)
Article 19 grants every citizen basic freedoms which are essential for all round development of human beings and democratic society.
Right to freedom under Article 19 includes right to freedom of speech and expression; right to assemble peacefully and without arms; right to form associations or unions; right to move freely throughout territory of India; right to reside and settle in any part of territory of India and right to practice any profession or to carry on any occupation, trade or business. Right to property was also a fundamental right but the same has been abolished vide 44th amendment of Constitution.
What are characteristics of Right to Freedom ?
Right to freedoms enumerated under Article 19 are available to natural citizens. An artificial person like a company cannot claim these rights. These rights are not available to aliens.
These rights are not absolute in nature. State can place reasonable restrictions on these rights. The limitations put on these right to freedoms cannot be arbitrary or excessive. There has to be a proper balance between freedoms guaranteed by Article 19 (1) and social control permitted by reasonable restrictions.
Any reasonable restriction can be imposed by only making law. Any restriction without authority of law will be unconstitutional. The competent authority to make law are parliament, state legislature or temporarily by the President or the Governor when Parliament is not in session. In Union of India vs Naveen Jindal (2004) 2 SCC 476 held that the Flag code which is not made be competent legislature can not restrict the right of the citizen to fly national flag guaranteed to him under Article 19 (1) (a).
RIGHT TO FREEDOM OF SPEECH AND EXPRESSION
Article 19 (1) (a) provides every citizen right to freedom of speech and expression. Article 19 (2) empowers states to make laws which imposes reasonable restrictions on the exercise of the right to freedom of speech and expression in the interests of following objectives:
- the sovereignty and integrity of India,
- the security of the State,
- friendly relations with foreign States (Inserted by 1st Amendment)
- public order (Inserted by 1st Amendment )
- decency or morality,
- or in relation to contempt of court, defamation or incitement to an offence
The Supreme Court has expanded the scope of Freedom of Speech and expression by its various judgments.
Freedom of Press is not explicitly mentioned in the Constitution like Constitution of USA. Article 19 (1) (a) includes right to speech and expression. In Romesh Thapar Vs. State of Madras (AIR 1950 SC 124) the Supreme Court declared freedom of press as part of Right to freedom of speech and expression.
In Tata Press Ltd. Vs. Mahanagar Telephone Nagar Ltd (1995 SCC (5) 139) the Supreme Court has held that commercial advertisement is also part of freedom of speech and expression.
Right of information is also a part of right to freedom of speech and expression. The Supreme Court in “Union of India Vs. Association of Democratic Reforms” (2002) 5SCC 294 held that freedom of speech and expression includes right to receive information.
In S. Rangarajan Vs. P Jagjivan Ram, (1989 SCC (2) 574) the Supreme Court has held that everybody has fundamental right to form his opinion on any issues of general concern.
In Bijoe Emmanuel Vs. State of Kerala, ( 1986 SCR (3) 518) the Supreme Court has held that right not to speak or right to silence is also included under right to speech and expression.
RIGHT TO ASSEMBLE PEACEFULLY AND WITHOUT ARMS
Article 19 (1) (b) provides every citizen right to assemble peacefully and without arms. Article 19 (3) permit states to make any law imposing reasonable restrictions on right to assemble freely and without arms in the interests of following objectives:
- the sovereignty and integrity of India
- public order
Supreme Court in Amit Sahni Vs. Commissioner of Police (2020 SCC OnLine SC 808) has held that public protests and demonstrations must take place at designated place.
RIGHT TO FORM ASSOCIATIONS AND UNIONS
Article 19 (1) (c) provides every citizen right to form associations and unions. Article 19 (4) permits state to make any law to impose reasonable restrictions on right to form association or union in the interests of
- the sovereignty and integrity of India or
- public order or morality
In T K Rangarajan Vs. State of Tamil Nadu ((2003) 6 SCC 581) the Supreme Court has held that Right to form association does not include Right to Strike.
RIGHT TO MOVE FREELY THROUGHOUT THE TERRITORY OF INDIA
Article 19 (1) (d) provides every citizen right to move freely throughout the territory of India. Article 19 (5) permits state to make law imposing reasonable restrictions on right to move through the territory of India in interests of:
- General public
- For protection of interests of any scheduled Tribe.
The Supreme Court in Kharak Singh Vs. State of UP (1963 AIR 1295) has held that right to “move” denotes nothing more than a right of locomotion, and that in the context the adverb “‘freely” would only connote that the freedom to move is without restriction and is absolute, i. e., to move wherever one likes, whenever one likes
RIGHT TO RESIDE AND SETTLE IN ANY PART OF INDIA
Article 19 (1) (e) provides every citizen right to reside and settle in any part of the territory of India. Article 19 (5) permits state to make law imposing reasonable restrictions on right to move through the territory of India in interests of:
- General public
- For protection of interests of any scheduled Tribe.
The Supreme Court in UP Avas Evam Vikas Parisad Vs. Friends Co-op Housing Society (1996 AIR 114) has held that right to residence includes right to shelter and construct houses.
RIGHT TO PROPERTY
Article 19 (1) (f) granted every citizen right to acquire, hold and dispose of property. This fundamental right has been abolished by 44th Amendment Act. But it remains a legal right under Article 300A.
RIGHT TO PRACTICE ANY PROFESSION
Article 19 (1) (g) provides every citizen right to practice any profession, or to carry on any occupation, trade or business. Article 19 (6) permits state to make law imposing reasonable restrictions on right to practice any profession or to carry on any occupation, trade or business in interest of the following:
- 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.
The Supreme Court in Excel Wear Vs. Union of India (1979 AIR 25) has held that the right to close a business is an integral part of the fundamental right to carry on a business.
_____________________________________
Mukesh Kumar Suman is an advocate based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.
