The Article-19 right to freedom gives citizens basic freedom with respect to speech and expression, form associations, freedom of personal liberty, freedom to live a life of dignity, etc. It is important to understand the scope of these provisions and any exceptions thereof.

Freedom of speech & expression

• Right to express convictions or ideas by words, printing, picture, banners etc.
• Right to publish & propagate views of others
• Freedom of silence
• Right against tapping of telephonic conversation
• Freedom of press
• Right to know about government activities

Freedom of Assembly

Guarantees all citizens of India to right to assemble peacefully & without arms but subjected to following restrictions:

• Assembly must be peaceful
• Must be unarmed
• Further reasonable restrictions can be imposed

Freedom to form associations / Unions / Co-operative societies

• Guarantees all citizens of India (Except Armed forces, Police force, Military etc.)  freedom to form associations or unions or co-operative societies but subjected to certain restrictions in interest of sovereignty & integrity of public & state.
• Does not confer the right to strike or declare a lock out >> Means does not confer the right to bargain.

Freedom of Movement

• Right to move freely throughout India (Subjected to certain restrictions)

Freedom of Residence

• Right to reside or settle in any part of the country temporary or permanent (Subjected to certain restrictions)

Right to Trade & Occupation

• Right to practice any profession, trade or business subjected to certain restrictions (Professions requiring specific professional & technical qualifications)

Importance of Article 19

• This freedom is essential because the censorial power lies in the people over and against the Government and not in the Government over and against the people.
• The freedom of speech and expression is required to fulfil the following objectives :
  • To discover truth
  • Non self-fulfilment
  • Democratic value
  • To ensure pluralism

Reasonable Restrictions under Article 19

The State can impose restrictions on the freedom of speech and expression in the interests of

• 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.

Rights To Freedom, Rights To Freedom

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