Protection of certain rights regarding freedom of speech, etc
Article 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)*
*]
- (g) to practise 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 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 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 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 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.
(d), (e) and (f)" (w.e.f. 20-6-1979).
(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, 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.]
Plain English Summary
Article 19 guarantees every citizen the fundamental rights to speak their views, gather peacefully, form groups, move freely within India, live anywhere in India, and practice any job or business. However, these rights are not absolute and can be restricted by the government for reasons like national security, public order, or morality.
Key Points
- Fundamental Freedoms: Citizens have the right to freedom of speech, assembly, association, movement, residence, and profession.
- Reasonable Restrictions: The government can place "reasonable restrictions" on these rights if it is necessary for national security, public order, or public morality.
- Law Making Power: The government can make laws that limit these freedoms, provided those restrictions are reasonable and serve a legitimate public interest.
- Specific Protections: Certain rights (like movement and residence) have specific protections regarding restrictions imposed for the general public or Scheduled Tribes.
Why It Matters
This article is the foundation of democratic expression in India, ensuring citizens can participate in public life while maintaining necessary order and security for the nation.
Landmark Judgements
| Case | Year | Significance |
|---|---|---|
| Romesh Thappar vs State of Madras | 1950 | Established that freedom of speech and expression is a fundamental right protected under Article 19. |
| Kedar Nath Singh vs State of Bihar | 1962 | Clarified that freedom of speech cannot be used to incite violence or public disorder, setting limits on speech. |