INTRODUCTION
The Indian Constitution’s Part III includes ‘Fundamental Rights’, including Article 19 which protects citizens from undue interference by state authorities. This right allows citizens to express their thoughts freely and voice their opinions against governance issues without fear of punishment. However, Article 19 also grants citizens other rights like assembly, movement, residence, and profession. These fundamental rights are essential for a democratic society, allowing citizens to engage in the nation’s activities more freely.
The Constitution of India aimed to protect individuals’ rights, including speech and assembly, but restrictions were controversial. Article 19 aims to promote individual views, expression, and association, fostering a participatory, vibrant society where individuals can freely share thoughts and contribute positively to society. However, some argue these restrictions are too broad.
Keywords (Minimum 5): article 19, constitution of india, indian constitution, fundamental rights, golden triangle of the indian constitution, rights.
Bare provision of Article 19
Article 19 of the Constitution of India, 1950 has 6 sub-articles further guaranteeing the 6 fundamental rights and some restrictions.
“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;
- (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.
(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.”[1]
Freedom of speech and expression
All the citizens of India have the right to freedom of speech and expression under Article 19(a) of the Constitution of India, 1950. Further, the freedom of speech and expression is elaborated from the preamble of the Constitution of India, 1950. Freedom of speech allows people to the citizens express their feelings orally or in writing or express themselves somehow and somewhere. Even though speech and expression are freedom for citizens, there are some restrictions to protect other rights and ways to think about protecting our rights.
Rights that are included in the freedom of speech and expression are the right to speak, the right to express another, the right to hold an opinion, the right to receive information, the right to freedom of propagation of ideas, the right to publication, and the right to circulate.
Freedom of the press
The press has the freedom to write, speak, and express anything but is limited to something within the restrictions mentioned. Freedom of the press is not mentioned expressly in our Constitution of India but in the case of Brij Bhushan v. State of Delhi[2] (1950) the apex court freedom of the press is implied in the freedom of speech. However, there is some reasonable restriction for such freedom under clause 2 of this article.
The Supreme Court stated that “freedom of speech and the press lay at the foundation of all democratic organizations, for without free political discussion, no public education, so essential for the proper functioning of the processes of popular government, is possible” in the case of Romesh Thappar v. The State of Madras[3] (1950). In this instance, the court determined that the right to free circulation is just as crucial as the right to free publishing.
Right to Silence:
The freedom to speak encompasses the freedom to keep quiet, or to keep silent, or to remain silent. Three children who were dismissed from school for refusing to sing the national anthem had their right to silence protected by the Supreme Court in the 1986 case of Bijoe Emmanuel v. State of Kerala[4] (Well known as the case is National Anthem Case). The Court ruled that if a person has legitimate conscientious objections because of his or her religious beliefs, he or she cannot be forced to sing the National Anthem. Thus, the freedom to talk and express oneself encompasses the freedom to remain silent and refrain from speaking.
Reasonable restrictions on the right to freedom of speech and expression:
Article 19(2) of the Constitution of India, 1950 has reasonable restrictions on the right to freedom of speech and expression in the interest of, sovereignty and integrity of India, security of the state, friendly relationship with foreign states, public order, morality, decency, concerning the contempt of the court, defamation.
Freedom to assemble without arms
Every citizen is guaranteed the right to assemble peacefully without any arms including the right to hold public meetings, demonstrations, and processions.
The Hon’ble Supreme Court of India addressed the issue of the right to strike by government employees in the significant case of T. K. Rangarajan vs. Government of Tamil Nadu[5] (2003). The court determined that government employees do not have such a fundamental right to strike, as such actions could cause undue hardship to the general public and disrupt the peace and functioning of society.
Article 19(3) has reasonable restrictions for the freedom to assemble without arms in the interest of the sovereignty and integrity of India and the interest of the public order.
Freedom to form associations or unions or cooperative societies
It is a vital right that permits its citizens to connect and organize formal or informal unions or associations to achieve common aims. An “association” is a collection of people who band together to achieve a common goal, which could be for the benefit of the members, the welfare of the general public, or for scientific, charitable, or other reasons. This right is regarded as the lifeblood of Indian democracy because it promotes democracy and influences public opinion; nonetheless, it is important to highlight that such functioning must adhere to societal standards and the legal framework.
The freedom to organize groups and unions encompasses the ability to establish businesses, societies, trade unions, partnership enterprises, and clubs, among others. The right extends beyond the mere founding of a group and covers its establishment, management, and operation as well.
Article 19(3) has reasonable restrictions for the freedom to form associations, unions, or cooperative societies in the interest of the sovereignty and integrity of India and the interest of the public order.
Freedom to move freely throughout the territory of India and Freedom to reside and settle in any part of the territory of India
- Article 19(1)(d) guarantees the right to free movement throughout India’s territory. This refers to the right to movement, or the freedom to move as one chooses. This right encompasses the right to utilize roads and highways.
- Article 19(1)(e) provides that every citizen has the fundamental right to stay and settle in any portion of India’s territory.
- Article 19(5), the right to freedom of movement and residence is subject to restriction on the following grounds: in the interests of the general public, or to protect the interests of any Scheduled Tribe.
Freedom to practice any profession, or to carry on any occupation, trade, or business
Article 19(1)(g) guarantees citizens the fundamental freedom to practice any profession, trade, or business. This right effectively gives its residents and persons the freedom to engage in economic activity, subject to some reasonable constraints as outlined in Article 19(6).
The right to operate a business includes the right to close it down. In Excel Wear v. Union of India[6] (1978), the Supreme Court declared Section 25-O of the Industrial Disputes Act, 1947, which required an employer to obtain prior permission from the government before closing his industrial undertaking, unconstitutional and invalid because it violated Article 19(1)(g).
In Vishaka v. State of Rajasthan[7] (1997), the Supreme Court observed that sexual harassment of working women in workplaces also violates the fundamental right under Article 19(1)(g). The court issued comprehensive guidelines and binding directions to prevent incidents of sexual harassment of women at workplaces in both public and private sectors.
Reasonable restrictions on the freedom to practice any profession, or to carry on any occupation, trade, or business
Imposing reasonable restrictions on the freedom to practice any profession or to carry on any occupation, trade, or business is in the interest of the public, Sub-clause (ii) of Article 19(6) authorizes the State to enact legislation to create State monopolies in any trade, company, industry, or service, either partially or wholly. The right of a citizen to engage in commerce is subservient to the State’s right to establish a monopoly in its favour.
Another fundamental right granted to individuals was under Article 19(1)(f), which guaranteed its inhabitants the right to possess, acquire, or dispose of property, i.e., the individual can manage their property as previously stated. However, this privilege was eventually repealed by the 44th Amendment in 1978 and reinstated as a constitutional right under Article 300A. This alteration has a significant influence on the meaning of Article 19(1)(f).
CONCLUSION
Article 19 of India’s constitution grants citizens the freedom to exercise their fundamental rights, allowing them to contribute actively to societal discourse and protect innocent people from state authority. It aims to ensure citizens’ voices are heard and exercised without barriers, promoting a vibrant democracy where the government is responsible. However, these freedoms are not absolute and can be curtailed by reasonable restrictions. The judiciary interprets this line between individual freedoms and the common good, with supreme courts ruling on the legality and necessity of restrictions.
[1] INDIA CONST. art. 19
[2] Brij Bhushan v. State of Delhi, 1950 AIR 129.
[3] Romesh Thappar v. The State of Madras, 1950 AIR 124.
[4] Bijoe Emmanuel v. State of Kerala, (1986) 3 SCC 615.
[5] T. K. Rangarajan vs. Government of Tamil Nadu, AIRONLINE 2003 SC 355.
[6] Excel Wear v. Union of India, 1979, AIR 25.
[7] Vishaka v. State of Rajasthan, AIR 1997 SC 3011.
