Fundamental Freedom (Article 19): Freedom of Speech and Expression, Freedom of Press, Judicial Interpretation of Article19; Reasonable Restrictions (Article19 clause (2)to(6))

Theoretical overview

Article 19 of the Indian constitution talks about protection of certain rights regarding freedom of speech etc.

1. All citizens shall have right

1. freedom of speech and expression, whose the exception is given under clause 2 
2. to assemble peacefully and without arms, whose exception is given in clause3 
3. to form association or union or cooperative society, whose restriction is given under clause 4
4. To move freely throughout the territory of India, whose restriction is given under clause 5
5. Reside and settle in any part of the territory of India, whose restriction is also given in clause 5
6. Right to property which now has been declared a constitutional right rather than a fundamental right by the constitutional 44th amendment of 1978 
7. to practice any profession or to carry on any occupation, trade or business, whose restriction is given under clause 6

freedom of speech and expression whose the exception is given under clause 2

the clause 2 of article 19 provides some reasonable restriction to freedom of speech and expression which are – 

• interest of sovereignty of India and its integrity
• security of state
• friendly relation with foreign state
• public order
• decency or morality
• defamation
• incitement to an offence

freedom of speech includes freedom of being silent as well. It also includes freedom to press to broadcast their genuine views.

To assemble peacefully and without arms whose exception is given in clause3 

clause 3 of article 19 gives some grounds for reasonable restrictions which can be imposed while enjoying the right to assembly. These includes – 

• public order
• maintenance of sovereignty and integrity of India

assembly must be peaceful and without arms. An unlawful assembly can be held liable for the offence under section 141 of the Indian penal code.

To form association or union or cooperative society whose restriction is given under clause 4

clause 4 of article 19 provides restriction while forming associations or unions or cooperative societies. These restrictions include – 

• interest and sovereignty of India
• public order
• morality

this right also include right to not to be a part of the association. This particular part was added in 97^th amendment together with part IXB of the constitution.

To move freely throughout the territory of India and Reside and settle in any part of the territory of India whose restriction is also given in clause 5

Clause 5 talks about the restrictions that can be imposed on the freedom to reside and settle which includes – 

1. Interest of general public
2. For the protection of the interest of any scheduled tribe

Right to property which now has been declared a constitutional right rather than a fundamental right by the constitutional 44th amendment of 1978 

this particular part has been repealed in 44^th amendment in 1978 and a new article (article 300A) was added in the constitution where right to property was made a constitutional right.

To practice any profession or to carry on any occupation, trade or business whose restriction is given under clause 6

Its grounds for reasonable restrictions are – 

• interest of general public
• state prescribed qualification for carrying on any profession or tech occupation
• state run business, trade, industry or service that excludes the participation of citizens either completely or partially

right to carry business does not include right to close the business because, in case of public company, a prior intimation is required to be given to the govt. It is then upon the govt to decide whether the reason was sufficient or not. Lotteries are considered a trade or business as it does not require skills, instead it needs chance or luck.

Relevant articles

Section 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;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; and

(f) omitted

(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

Section 300.A Persons not to be deprived of property save by authority of law No person shall be deprived of his property save by authority of law PART XIII TRADE, COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA

Important case laws

1. Bennett and Coleman co.  vs. Union of India – the government fixed the page of its newspaper. It was held that this is a violation of freedom under article 19 and not only news but the advertisement in the newspaper is also a part of speech.
2. Excel Wear vs. Union of India,1974 – 3 months prior intimation to the government necessary to close the business. If government find the reason sufficient, then only it can be closed.
3. PA Inamdar vs State of Maharashtra,2005 – education is an occupation, not a trade or a business.
4. B.R. Enterprises vs State of Uttar Pradesh,1999 – lotteries do not require skill or expertise, so it can not be termed as a business or trade.

Points to remember

• Article 19 of the Indian constitution talks about protection of certain rights regarding freedom of speech etc. 
• freedom of speech includes freedom of being silent as well. It also includes freedom to press to broadcast their genuine views. 
• assembly must be peaceful and without arms. An unlawful assembly can be held liable for the offence under section 141 of the Indian penal code. 
• Right to property which now has been declared a constitutional right rather than a fundamental right by the constitutional 44th amendment of 1978.
• right to carry business does not include right to close the business because, in case of public company, a prior intimation is required to be given to the govt. It is then upon the govt to decide whether the reason was sufficient or not. Lotteries are considered a trade or business as it does not require skills, instead it needs chance or luck.