Admin Team
08 Feb

Article 19 of the Indian Constitution: Right to Freedoms

Introduction

Article 19 guarantees a set of fundamental freedoms essential for the functioning of a democratic polity. These freedoms are available only to citizens and are subject to reasonable restrictions imposed by the State in the interests specified in the Constitution.


Article 19(1): Enumerated Freedoms

Article 19(1) confers six fundamental freedoms on citizens:

(a) Freedom of Speech and Expression

This includes the right to express opinions, ideas, beliefs, and information through speech, writing, printing, or any other medium.

(b) Freedom to Assemble Peaceably and Without Arms

Citizens have the right to assemble peacefully, provided the assembly is unarmed and does not threaten public order.

(c) Freedom to Form Associations or Unions

Citizens may form associations, unions, or cooperative societies for lawful purposes.

(d) Freedom of Movement

Citizens have the right to move freely throughout the territory of India.

(e) Freedom of Residence and Settlement

Citizens have the right to reside and settle in any part of the territory of India.

(f) Deleted Right

The right to acquire, hold, and dispose of property was originally guaranteed under Article 19(1)(f) but was removed by the 44th Constitutional Amendment Act, 1978.

(g) Freedom of Profession

Citizens have the right to practise any profession or to carry on any occupation, trade, or business.


Reasonable Restrictions under Article 19

Article 19(2): Restrictions on Freedom of Speech and Expression

The State may impose reasonable restrictions in the interests 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

Article 19(3): Restrictions on Freedom of Assembly

Restrictions may be imposed in the interests of:

  • Public order
  • Sovereignty and integrity of India

Article 19(4): Restrictions on Freedom to Form Associations

The State may impose restrictions in the interests of:

  • Public order
  • Morality
  • Sovereignty and integrity of India

Article 19(5): Restrictions on Freedom of Movement and Residence

Restrictions may be imposed in the interests of:

  • General public
  • Protection of the interests of Scheduled Tribes

Article 19(6): Restrictions on Freedom of Profession

The State may impose reasonable restrictions in the interest of the general public, including:

  • Prescribing professional or technical qualifications for practising any profession or occupation
  • Carrying on any trade, business, industry, or service by the State or a State-controlled corporation, either partially or completely excluding citizens

Conclusion

Article 19 strikes a balance between individual liberty and collective interest. While it ensures essential freedoms necessary for democratic participation, it also empowers the State to impose reasonable restrictions to maintain public order, security, and constitutional integrity.

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