ARTICLE 19
Article 19(1) grants various rights to citizens, from clauses (a) to (g). These rights are not absolute and are subject to constitutional restrictions.
Article 19(1)(a): Freedom of Speech and Expression
- Article 19(1)(a) gives freedom of speech and expression to the citizens.
- Restrictions of Article 19(1)(a) is given under Article 19(2):
Grounds of Restriction under Article 19(2):
- Security of the state
- Friendly relations with foreign states
- Public order
- Decency or morality
- Contempt of court
- Defamation
- Incitement of offence
- Sovereignty and integrity of India (added by 16th Amendment Act, 1963)
- Freedom of the press is included within Article 19(1)(a).
- It also includes the freedom to remain silent.
- This article does not deal with prior restraint on publication of defamatory material against officials.
Case- Brij Bhushan vs State of Delhi (AIR 1950 SC 129)
In this case it was held that pre-censorship of a journal was held to be a restriction on press freedom under Article 19(1)(a).
Case- Bennet Coleman and Co. vs Union of India (AIR 1973 SC 106)
In this case it was held that fixing maximum pages of newspapers under Newsprint Control Order was held as unreasonable restriction under Article 19(1)(a).
Case- Hamdard Dawakhana vs Union of India (AIR 1960 SC 554)
In this case it was held that in this case the validity of Drugs and Magic remedies Act 1954 was challenged which put restrictions on the advertisement of drugs in certain cases. In this case court held that advertisement is no doubt a form of speech but every advertisement is not a matter dealing with the freedom of speech. In this case the advertisement was dealing with commerce or trade and not with propogating ideas. Hence it will not fall under the scope of Article 19(1)(a)
Case- Indian Express Newspapers vs Union of India [(1985) 1 SCC 641]
In this case it was held that freedom of the press although not mentioned directly in article 19(1)(a) but is implicit in Article 19(1)(a).
Case- Bijoe Emmanuel vs State of Kerala [(1986) 3 SCC 615]
In this case it was held that freedom of speech includes the right to remain silent.
Case- R. Rajagopal vs Union of India [(1994) 6 SCC 632]
In this case it was held that no prior restraint allowed on publication of alleged defamatory material unless it violates law.
Article 19(1)(b): Right to Assemble
- This article deals with freedom to assemble peacefully and without arms.
- It prohibits unlawful assembly as defined in Section 141 of IPC.
- The term sovereignty and integrity was added by 16th amendment act, 1963
- Restrictions of this article are mentioned under Article 19(3) which are public order and sovereignty/integrity of India.
Article 19(1)(c): Right to Form Associations
- This article deals with freedom to form associations, unions, cooperative societies.
- Restriction of this article is mentioned under Article 19(4) which are public order, morality, and sovereignty.
Case- Delhi Police Non-Gazette Karmchari Sangh v. Union of India [(1987) 1 SCC 115]
In this case it was held that forming a association is a fundamental right but recognition of associations is not a fundamental right.
Article 19(1)(d): Right to Move Freely
- This article deals with freedom to move throughout India.
- Restrictions of this article are mentioned under Article 19(5) which are for public interest or for interest of Scheduled Tribes.
Article 19(1)(e): Right to Reside and Settle
- This article deals with freedom to reside and settle anywhere in India.
- Restriction of this article under Article 19(5) which are for public interest or for interest of Scheduled Tribes.
Case- State of UP vs Kaushalya (AIR 1964 SC 416)
In this case a prostitute, under the suppression of Immoral traffic in Women and Girls act, 1956 was ordered to remove herself from the limits of a city or restriction was placed on her movement and residence, it was held to be a reasonable restriction.
Article 19(1)(f): (Omitted)
This clause was omitted by the 44th Amendment Act, 1978.
Article 19(1)(g): Right to Practice Profession
- This article deals with freedom to practice any profession or carry on trade/business.
- Restrictions of this article are mentioned under Article 19(6) which are in the interest of general public and also the professional and technical required for practicing any profession or carrying on an any occupation, trade or business and any requirement posed by state on trade, business industry or service.
Case- K. Rajendran vs State of Tamil Nadu (AIR 1982 SC 1107)
In this case it was held that abolition of part-time village officer posts was not violative of Article 19(1)(g).
References:
- Constitutional Law by J.N. Pandey
