Article 19 of Indian Constitution: Full Summary with Cases
Date: 3 June, 2020
Overview of Article 19
Right to Freedom is the Second Fundamental Right which is given under the Constitution. There are 4 Articles under this Fundamental Right. These are Article 19-22. Article 19 is the first Article under the heading of Right to Freedom.
Also read: Right to Equality in the Indian Constitution
Article 19 is giving 6 Fundamental Freedoms to the Citizens of India. These Freedoms are important for the proper functioning of a democracy. It is important to remember that all of these 6 Fundamental Freedoms are not absolute. They are having some restraints in them which are given in Article 19 Clause 2 to Clause 6.
Also read: Right to Equality in the Indian Constitution
Article 19 is giving 6 Fundamental Freedoms to the Citizens of India. These Freedoms are important for the proper functioning of a democracy. It is important to remember that all of these 6 Fundamental Freedoms are not absolute. They are having some restraints in them which are given in Article 19 Clause 2 to Clause 6.
Article 19 of the Indian Constitution: Clause 1 a,b and c.
Article 19(1): 6 Fundamental Freedoms
The first clause of Article 19 is giving 6 Fundamental Freedoms. These 6 Fundamental Freedoms are given as sub-clauses of Article 19 (1). None of these 6 Fundamental Freedom is absolute. They are subject to some restraint of some laws made by States. These restraints are given under Clause 2 to 6. These restraints can only be imposed by law and not through executive action.
Following are the 6 Fundamental Freedoms given under Clause 1 of Article 19:
a. Freedom of Speech and Expression.
b. Freedom to assemble peacefully and without arms.
c. Freedom to form Associations or Unions or Co-operative Societies.
d. Freedom to move freely throughout the territory of India.
e. Freedom to reside and settle in any part of the territory of India.
f. Deleted by 44th Constitutional Amendment Act, 1978.
g. Freedom to Practice any profession or to carry any occupation, trade or business. There are 2 tests which a restriction must follow to pass the test of restraints under clause 2 to 6. First, is they must be falling under clause 2 to 6 and second is that they must be reasonable.
a. Freedom of Speech and Expression.
b. Freedom to assemble peacefully and without arms.
c. Freedom to form Associations or Unions or Co-operative Societies.
d. Freedom to move freely throughout the territory of India.
e. Freedom to reside and settle in any part of the territory of India.
f. Deleted by 44th Constitutional Amendment Act, 1978.
g. Freedom to Practice any profession or to carry any occupation, trade or business. There are 2 tests which a restriction must follow to pass the test of restraints under clause 2 to 6. First, is they must be falling under clause 2 to 6 and second is that they must be reasonable.
Freedom of Speech and Expression: Article 19 1 A and Article 19 (2)
Both of these clauses are to be read together as Article 19(1) (a) is giving Freedom of Speech and Expression. This freedom of Speech and Expression is the most important building block of the proper functioning of Democracy. Article 19 (2) is giving some restraint on this Freedom of Speech and Expression.
Let’s try to understand the various restraints on the Freedom of Speech and Expression which is given under Clause 2 of Article 19. This clause is allowing the laws made by the States to restraint the Freedom of Speech based on 8 points given below:
- Sovereignty and Integrity of India
- The Security of the State
- Friendly Relations with the Foreign States.
- Public order
- Decency or Morality
- Concerning Contempt of Court
- Defamation or
- Incitement to an offence
Is Freedom of Press a Part of Article 19 (1) (a)?
Yes, Freedom of Press is part of Article 19 Clause 1 Sub-clause a. This freedom of Press is well laid down under the case of Bennett Coleman & Co. v. Union of India, AIR 1973. In this case, the government provided a ban on starting newspapers with common ownership units and also fixed the maximum number of pages to 10. This was stopped by the court saying that this is interfering with the Freedom of Press which is a part of Article 19 1 a.
Are Political Parties having the right to Call and Enforce Bandh, Hartals?
No, Political Parties are not having this right to call and Enforce Bandh and Hartals. It is given in the case of the Communist Party of India (M) V. Bharat Kumar (1998). No Political Party can force the traders to close their Business to implement a Political party’s stand. As it is a form of Constraint on the freedom of other traders to follow their choice. So it is important to understand that Freedom of Speech and Expression doesn’t mean that to implement someone’s Freedom we shall curtail the Freedom of Someone else.
Is Right to Information Act part of Article 19 (1) (a) of the Constitution?
Yes, Right to Information Act, 2005 is part of Article 19 1 (a) of the Constitution. According to Supreme Court RTI is a part of the Fundamental Rights of Indian Constitution. This is an important act for a transparent government.
Important Cases of Article 19 1 a
Shreya Singhal V. Union of India, 2015
This is a case under which Section 66A of the Information Technology Act was challenged. Under this section, there were several arrests which were made due to which a wide outrage was seen in society. The petitioners said that this Article is infringing the Freedom of Speech and Expression. The Supreme Court stroked down this provision saying that this provision is too vague and prone to misuse.
This is a case under which Section 66A of the Information Technology Act was challenged. Under this section, there were several arrests which were made due to which a wide outrage was seen in society. The petitioners said that this Article is infringing the Freedom of Speech and Expression. The Supreme Court stroked down this provision saying that this provision is too vague and prone to misuse.
Secretary Ministry of I & B, State of West Bengal v. Cricket Association of Bengal (1995)
In this case, The Doordarshan was not ready to give the Foreign Broadcasting rights of a Cricket Match to Trans World International Channel. Doordarshan claimed that it is having a monopoly on Telecast of Matches as given under the Telegraph Act. This was refused by the Supreme Court. The court said that Telecast of a cricket match is a part of Freedom of Speech and Expression under Article 19 1 A. So the State cannot refuse to give the telecasting right to some other broadcasting channel.
In this case, The Doordarshan was not ready to give the Foreign Broadcasting rights of a Cricket Match to Trans World International Channel. Doordarshan claimed that it is having a monopoly on Telecast of Matches as given under the Telegraph Act. This was refused by the Supreme Court. The court said that Telecast of a cricket match is a part of Freedom of Speech and Expression under Article 19 1 A. So the State cannot refuse to give the telecasting right to some other broadcasting channel.
People’s Union for Civil Liberties v. Union of India, 2003
In this case, The Constitutional Validity of Section 33B of the Representation of the People Act was challenged. This section allowed the politicians to not to disclose his assets and liabilities, his educational qualification, the cases in which he is acquitted or discharged of criminal offences. The court made the Section 33B as illegal, null and void. The voters have a fundamental right under Article 19 1 (a) to know the details of the candidates for whom he is voting for. The right of the candidates to know the Bio data of the candidates is the important foundation of democracy.
In this case, The Constitutional Validity of Section 33B of the Representation of the People Act was challenged. This section allowed the politicians to not to disclose his assets and liabilities, his educational qualification, the cases in which he is acquitted or discharged of criminal offences. The court made the Section 33B as illegal, null and void. The voters have a fundamental right under Article 19 1 (a) to know the details of the candidates for whom he is voting for. The right of the candidates to know the Bio data of the candidates is the important foundation of democracy.
* The right of Demonstration and Picketing is also coming under this clause if they are not violent or disorderly.
*Advertisements which are commercial are not protected under Freedom of Speech and Expression.
* Films are not free to produce what they want. So just like other countries film censorship is allowed in India.
*Advertisements which are commercial are not protected under Freedom of Speech and Expression.
* Films are not free to produce what they want. So just like other countries film censorship is allowed in India.
2. Freedom of Assembly: Article 19 1 B and 19 (3)
Article 19 (1) (B) is guaranteeing the Right to assemble peacefully and without arms. This right is an extension of Right to freedom of speech and expression. Right to assembly is very important for the right to freedom of speech and expression so that the free flow of ideas can be maintained.
It is important to remember that the assembly must be peaceful and unarmed.
Article 19 Clause 3 is giving the power to the state to impose reasonable restrictions in the interest of the:
It is important to remember that the assembly must be peaceful and unarmed.
Article 19 Clause 3 is giving the power to the state to impose reasonable restrictions in the interest of the:
- Sovereignty and integrity of India
- Public order
3. Freedom to form Associations or Unions: Article 19 (1) (C) and 19 (4)
Article 19 (1) (C) is giving the freedom to form associations and unions. This right is an addition to freedom of speech and expression. Making associations is important for the proper functioning of democracy. No political parties can work efficiently without freedom of association.
Article 19 (4) allows the state to impose reasonable restrictions based on:
- Sovereignty and Integrity of India (Added as Constitutional 16th amendment Act.)
- Public order or morality
4. Freedom of Movement and Residence: Article 19(1 )(d), 19 (1)(e) and 19 (5)
Article 19 1 D is giving the freedom to move freely throughout the territory of India. This movement can be inter-state or Intra State. This is subject to reasonable restriction given under clause 5 of Article 19.
Article 19 1 E is giving the guarantee to reside and settle down in any parts of India. This is subjected to reasonable restrictions which are given under clause 5 of Article 19.
The above 2 sub-clauses help make citizens National Minded.
Clause 5 of Article 19 is putting some reasonable restrictions on this free movement. This reasonable restriction can be made based on:
Article 19 1 E is giving the guarantee to reside and settle down in any parts of India. This is subjected to reasonable restrictions which are given under clause 5 of Article 19.
The above 2 sub-clauses help make citizens National Minded.
Clause 5 of Article 19 is putting some reasonable restrictions on this free movement. This reasonable restriction can be made based on:
- The interests of the General Public
- For the Protection of any Schedule Caste.
5. Freedom of Profession, Occupation, Trade and Business: Article 19 (1) (G) and Article 19 (6)
Article 19 1 G is giving the freedom to practice any profession or to carry on any occupation, trade or business.
The right to start a business also includes the right not to start any business. The State cannot force a citizen to start a business against his will. The right to close down a business is restricted by a state in the interest of the general public.
Article 19 (6) is giving the restrictions which are applied on the Freedom of Profession which is given under Article 19 1 G. These restrictions must be reasonable.
The right to start a business also includes the right not to start any business. The State cannot force a citizen to start a business against his will. The right to close down a business is restricted by a state in the interest of the general public.
Article 19 (6) is giving the restrictions which are applied on the Freedom of Profession which is given under Article 19 1 G. These restrictions must be reasonable.
- These reasonable restrictions are imposed in the interest of the General Public.
- It can also be imposed if the state wants to control the complete field related to it like Rocket industry in India.
Important Case: Chindamanrao v. State of M.P. (AIR 1951)
In this case, The Central Provinces imposed a ban on the making of Bidis during the Agricultural Seasons. The manufacturing of Bidis uses to work as an additional income for the women of the local area. So the act by the government of the Central province was challenged in the Supreme Court. Court decided that the act made by the government is arbitrary and is not coming under the reasonable restrictions.
In this case, The Central Provinces imposed a ban on the making of Bidis during the Agricultural Seasons. The manufacturing of Bidis uses to work as an additional income for the women of the local area. So the act by the government of the Central province was challenged in the Supreme Court. Court decided that the act made by the government is arbitrary and is not coming under the reasonable restrictions.
