Fundamental Rights: Article 19

  • What is it?:Protection of Six Rights.
    1. Freedom of Speech and Expression
      • It implies that every citizen has the right to express his views, opinions, belief and convictions freely by word of mouth, writing, printing, picturing or in any other manner. 
      • Rights added by Supreme Court 
        • Right to propagate one’s views as well as views of others.
        • Freedom of the press.
        • Freedom of commercial advertisements.
        • Right against tapping of telephonic conversation.
        • Right to telecast, that is, government has no monopoly on electronic media.
        • Right against bundh called by a political party or organisation.
        • Right to know about government activities.
        • Freedom of silence.
        • Right against imposition of pre-censorship on a newspaper.
        • Right to demonstration or picketing but not right to strike
      • Grounds of Imposing Reasonable Restrictions
        • Grounds of 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.
    2. Freedom of Assembly
      • Every citizen has the right to assemble peaceably and without arms.
      • It includes the right to hold public meetings, demonstrations and take out processions. 
      • This freedom can be exercised only on public land and the assembly must be peaceful and unarmed. 
      • This provision does not protect violent, disorderly, riotous assemblies, or one that causes a breach of public peace or one that involves arms. 
      • This right does not include the right to strike.
      • Grounds of imposing reasonable restrictions
        • Sovereignty and integrity of India.
        • Public order including the maintenance of traffic in the area concerned.
    3. Freedom of Association
      • All citizens have the right to form associations or unions or cooperative societies.
      • It includes the right to form political parties, companies, partnership firms, societies, clubs, organisations, trade unions or any body of persons. 
      • It not only includes the right to start an association or union but also to continue with the association or union as such. 
      • Further, it covers the negative right of not to form or join an association or union. 
      • Grounds of imposing reasonable restrictions
        • Sovereignty and integrity of India.
        • Public order and morality. 
        • Subject to these restrictions, the citizens have complete liberty to form associations or unions for pursuing lawful objectives and purposes.
    4. Freedom of Movement
      • This freedom entitles every citizen to move freely throughout the territory of the country. 
      • He can move freely from one state to another or from one place to another within a state.
      • This right underlines the idea that India is one unit so far as the citizens are concerned.
      • Significance – The purpose is to promote national feeling and not parochialism.
      •  Grounds of imposing reasonable restrictions
        • The interests ofthe  general public.
        • The protection of interests of any scheduled tribe.
        • The Supreme Court held that the freedom of movement of prostitutes can be restricted on the grounds of public health and in the interest of public morals. 
      • Dimensions
        • Internal (right to move inside the country) – Article 19 protects the right to move inside the country.
        • External (right to move out of the country and right to come back to the country) – Article 21 (right to life and personal liberty) protects the second dimension. 
    5. Freedom of Residence
      • Every citizen has the right to reside and settle in any part of the country’s territory.
      • Two Parts
        • The right to reside in any part of the country, which means to stay at any place temporarily.
        • The right to settle in any part of the country, which means to set up a home or domicile at any place permanently.
      • Significance
        • This right is intended to remove internal barriers within the country or between any of its parts. This promotes nationalism and avoids narrow-mindedness.
      • Grounds of Reasonable Restrictions
        • The interest of the general public and the protection of interests of any scheduled tribes.
        • The right of outsiders to reside and settle in tribal areas is restricted to protect the distinctive culture, language, customs, and manners of scheduled tribes and to safeguard their traditional vocation and properties against exploitation. 
    6. Freedom of Profession
      • All citizens are given the right to practise any profession or to carry on any occupation, trade or business.
      • Grounds of Reasonable Restrictions
        • Prescribe professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business.
        • Carry on by itself any trade, business, industry or service whether to the exclusion (complete or partial) of citizens or otherwise.
      • This right does not include the right to carry on a profession or business or trade or occupation that is immoral (trafficking in women or children) or dangerous (harmful drugs or explosives, etc,). 

 

 

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