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Article 19 of the Indian Constitution with Important Case Laws | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

Article 19 of the Indian Constitution guarantees six basic fundamental freedoms to every citizen of India:

  • Freedom of speech and expression
  • Right to assemble peaceably and without arms
  • Right to form associations or unions
  • Right to move freely throughout the territory of India
  • Right to reside and settle in any part of the territory of India
  • Right to practice any profession, or to carry on any occupation, trade, or business

The Supreme Court in various landmark cases has interpreted and upheld these fundamental freedoms, ensuring the protection of rights and liberties enshrined in the Constitution.

Key Case Laws

  • Ramesh Thaper v. State of Madras
  • Sakal Papers (P) Ltd. v. Union of India
  • Bennett Coleman and Co. v. Union of India
  • Hamdard Dawakhana (Wakf) lal kuan v. Union of India
  • TATA Press Ltd. v Mahanagar telephone Nigam Ltd
  • Union of India v. Assocaition for democratic reforms
  • Ministry Information and broadcasting v. Cricket Association of Bengal
  • K.A. Abbas v. Union of India
  • Bijoe Emmanuel v. State of Kerala
  • Chintaman Rao v. State of M.P
  • Sushila Saw Mill v. State of Orissa

These cases have contributed significantly to the evolution and interpretation of freedom of speech and expression in India, setting important precedents for protecting individual liberties and democratic values.

Question for Article 19 of the Indian Constitution with Important Case Laws
Try yourself:Which fundamental freedom is guaranteed by Article 19 of the Indian Constitution?
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FAQs on Article 19 of the Indian Constitution with Important Case Laws - Important Acts and Laws for Judiciary Exams

1. What is Article 19 of the Indian Constitution?
Ans. Article 19 of the Indian Constitution guarantees six fundamental freedoms to the citizens of India, including the right to freedom of speech and expression, assembly, association, movement, residence, and profession.
2. Can the fundamental freedoms under Article 19 be restricted?
Ans. Yes, the fundamental freedoms under Article 19 can be restricted by the State on certain grounds such as sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency, or morality.
3. How does Article 19 protect the right to freedom of speech and expression?
Ans. Article 19 protects the right to freedom of speech and expression, allowing individuals to express their opinions and ideas without fear of censorship or punishment by the government.
4. What are some landmark cases related to Article 19 of the Indian Constitution?
Ans. Some important cases related to Article 19 include Maneka Gandhi v. Union of India, where the Supreme Court expanded the scope of personal liberty under Article 19, and K.A. Abbas v. Union of India, which upheld the freedom of speech and expression.
5. Can the fundamental freedoms under Article 19 be suspended during a national emergency?
Ans. Yes, during a national emergency, the fundamental freedoms under Article 19 can be suspended by the government to ensure the security and stability of the nation.
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