Fundamental Rights Under Article 19 of the Indian Constitution

Posted on May 12, 2024 in Law & Jurisprudence

Article 19: Fundamental Rights in the Indian Constitution

Article 19(1) of the Indian Constitution guarantees several fundamental rights to its citizens:

1. Right to freedom of speech and expression;
2. Right to assemble peaceably and without arms;
3. Right to form associations, unions or co-operative societies;
4. Right to move freely throughout the territory of India;
5. Right to reside and settle in any part of the territory of India; and
6. Right to practice any profession, or to carry on any occupation.

[Article 19(1)(a) and 19(2)]

Freedom of Speech and Expression

Article 19(1)(a) guarantees the right to freedom of speech and expression, one of the most cherished rights of a citizen. It is the first condition of liberty and plays an important role in forming public opinion.

Freedom of speech and expression means the right to speak through any medium – by words of mouth, writing, pictures, signs, internet etc. Every citizen has a right to hold an opinion, including the right to receive and impart information.

Scope of Freedom of Speech and Expression

Some key aspects of freedom of speech and expression are mentioned below:

1. Freedom of the press: This is one of the most important freedoms under the right to free speech and expression. There can be no pre-censorship in the press.
2. No pre-stoppage of publication in newspapers of articles or matters of public importance.
3. Freedom of circulation.
4. No excessive taxes on the press, etc.

However, restrictions can be imposed in the interests of justice, but those restrictions must withstand the test of Article 19(2).

In Bennett Coleman & Co v. Union of India(1972), the Hon’ble Supreme Court held that “Freedom of the press is both qualitative and quantitative. Freedom lies both in circulation and in content.”

In the landmark case of Romesh Thappar v. The State Of Madras(1950), the Supreme Court observed that, “freedom of speech and of the press lay at the foundation of all democratic organisations, for without free political discussion no public education, so essential for the proper functioning of the processes of popular government, is possible.”

Right to reply: Every citizen has the right to reply to any criticism or allegation made against them.

6. Right to silence: Citizens have the right to both express and to be silent.
7. Right to fly the national flag: Every citizen has the right to fly the national flag.

Restrictions on Free Speech and Expression

As per Article 19(2), reasonable restrictions can be imposed on the freedom of speech and expression in the interests of:

8. The sovereignty and integrity of India,
9. The security of the state,
10. Friendly relations with foreign states,
11. Public order, decency or morality, or
12. In relation to contempt of court,
13. Defamation, or
14. Incitement to an offence.

Freedom of Assembly [Article 19(1)(b) and 19(3)]

The object of the right to assemble is the propagation of ideas and to educate the public. Article 19(1)(b) provides for the right to assemble peaceably and without arms. This includes the right to hold public meetings, demonstrations, and hunger strikes. However, the assembly must be peaceful and without arms.

In Himmat Lal v. Police Commissioner, Bombay (1972), the Supreme Court struck down a rule that empowered the police commissioner to impose a total ban on all public meetings and processions.

According to Clause 3 of Article 19, reasonable restrictions can be imposed on the freedom of assembly:

1. In the interests of the sovereignty and integrity of India, or
2. In the interests of public order.

Freedom to Form Associations, Unions or Co-operative Societies [Article 19(1)(c) and 19(4)]

Article 19(1)(c) provides for the right to form associations, unions or cooperative societies. This right is considered as the lifeblood of democracy, as without such a right, political parties cannot be formed.

The Supreme Court has upheld the right of the members of an association to continue the association with its composition as voluntarily agreed upon by the persons forming the association.

Key aspects of this right include:

3. The right to form an association includes the right not to be a member of an association.
4. The right under Article 19(1)(c) does not prohibit the state from making reservations or nominating weaker sections into the cooperative societies and their managing committees.
5. No prior restraint can be imposed on the right to form an association.
6. There is no fundamental right of recognition of the association or union by the government.

Reasonable Restrictions on Right to Form Association

According to Article 19(4), reasonable restrictions can be imposed on the right to form associations:

7. In the interests of the sovereignty and integrity of India, or
8. In the interests of public order or morality.

Freedom of Movement and Residence [Article 19(1)(d), 19(1)(e) and 19(5)]

Article 19(1)(d) guarantees the right to freedom of movement throughout the territory of India, while Article 19(1)(e) guarantees the right to reside and settle in any part of the territory of India. These two rights are complementary to each other.

Freedom of Movement

Article 19(1)(d) states that every citizen has the right to move freely throughout the territory of India.

Freedom of Residence

Article 19(1)(e) states that it is the fundamental right of every citizen to reside and settle in any part of the territory of India.

In the case of U.P. Avas Evam Vikas Parishad v. Friends Co-op. Housing Society Ltd.(1995), it was held by the Supreme Court that the right to residence under Article 19(1)(e) includes the right to shelter and to construct houses for that purpose.

Reasonable Restrictions on Right to Freedom of Movement and Residence

As per Article 19(5), the right to freedom of movement and residence could be restricted on the following grounds:

1. In the interests of the general public, or
2. For the protection of the interests of any Scheduled Tribe.

Freedom of Profession, Occupation, Trade or Business [Article 19(1)(g) and 19(6)]

Article 19(1)(g) provides for the fundamental right of the citizens to practice any profession or to carry on any occupation, trade or business.

Scope: What’s Included and What’s Not

1. The right to carry on a business also includes the right to shut down the business.

In Excel Wear v. Union of India (1978), the Supreme Court declared Section 25-O of the Industrial Disputes Act, 1947, which required an employer to take prior permission from the government for closure of his industrial undertaking, as unconstitutional and invalid on the ground that it violated Article 19(1)(g).

2. There is no right to hold a particular job of one’s choice. For example, in the case of closure of an establishment, a man who has lost his job cannot say that his fundamental right to carry on an occupation is violated.
3. There is no right to carry on any dangerous activity or any antisocial or criminal activity.
4. No one can claim a right to carry on business with the government.
5. The right to trade does not include the right of protection from competition in trade. Thus, loss of income on account of competition does not violate the right to trade under Article 19(1)(g).

Reasonable Restrictions on Right to Freedom of Profession

Article 19(6) provides that the fundamental right under Article 19(1)(g) can be restricted in the following ways:

1. By imposing reasonable restrictions in the interest of the general public.
2. By state monopoly: Sub-clause (ii) of Article 19(6) enables the state to make laws for creating state monopolies either partially or completely in respect of any trade or business or industry or service. The right of a citizen to carry on trade is subordinated to the right of the state to create a monopoly in its favour.

Also, Sub-clause (i) of Article 19(6) empowers the state to lay down, by law, “the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business”.

In State of Gujarat v. Mirzapur Moti Kureshi Kasab Jamat (2005), the Supreme Court has held that the expression ‘in the interest of general public’ in Article 19(6) is of wide import comprehending public order, public health, public security, morals, economic welfare of the community and the objects mentioned in Part IV of the Constitution.

Test of Restrictions under Article 19(2) to 19(6)

The restrictions to be imposed on the fundamental freedoms under Article 19(2) to Article 19(6) must satisfy the following tests:

1. The restriction must be imposed by or under the authority of a law duly enacted by the appropriate legislature. The law authorising the restriction must be reasonable.
2. The restriction imposed must be for the particular purpose or object envisaged in the specific clauses, i.e., Article 19(2) to 19(6). There has to be a reasonable nexus between the restriction imposed and the objects mentioned in the respective clause.
3. The restriction must be reasonable.

Conclusion

The fundamental rights guaranteed under Article 19 are essential for the functioning of a democratic society. However, these rights are not absolute and can be subject to reasonable restrictions in the interest of the general public or for the protection of other fundamental rights.