All About Article 19 of the Constitution of India | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• The Constitution of India stands as the lengthiest constitution globally, comprising 395 Articles and 12 Schedules, organized into 21 Chapters.
• Among its various sections, Articles 12 to 35 under Part 3 hold immense importance, known as Fundamental Rights.
• This segment reaffirms India as a Democratic, Socialist, Secular, and Republic nation.
• Fundamental Rights serve as the cornerstone of Indian democracy, ensuring individual liberties and equality before the law.
• For instance, the right to freedom of speech and expression (Article 19) empowers citizens to voice their opinions without fear of persecution.
• Similarly, the right to equality (Article 14) guarantees equal treatment under the law, promoting fairness and justice.

Brief Discussion

• Article 19 encompasses the Right to Freedom, a pivotal aspect of our legal framework.
• Within Article 19, there are six clauses delineated.
• Clause 1 of Article 19 is particularly crucial, housing a total of 7 sub-clauses.
• Article 19(1) specifically enumerates seven fundamental freedoms.
• Article 19(2) through Article 19(6) serve as constraints, often termed as reasonable restrictions or exceptions.

Article 19(1)(a): Freedom of Speech and Expression

• Every citizen in India has the right to speech and expression, allowing them to voice their opinions, thoughts, desires, and ideas freely. However, this right is not absolute and can be subject to reasonable restrictions imposed by the government.
• The government can enforce lawful restrictions to safeguard the security of the state, national sovereignty, integrity, friendly relations with other countries, public order, decency, morality, contempt of court, defamation, and incitement of offenses.
• For example, while you have the right to listen to music using any device, using loudspeakers that disturb your neighbors could be restricted as it falls under reasonable limitations.

Case Law: Bijoe Emmanvel vs State of Kerala

• In the case of Bijoe Emmanvel vs State of Kerala, three school children refused to sing the national anthem due to their religious beliefs. The school expelled them for this act, considering it disrespectful. However, the Supreme Court ruled that the expulsion violated Article 19(1)(a) of the Constitution.

Article 19(1)(b): Freedom of Assembly. Restriction under Article 19(3)

• This clause in the Indian Constitution guarantees every citizen the right to assemble peacefully without arms and ammunition.
• Citizens have the freedom to hold meetings, participate in peaceful processions, and engage in lawful events under this provision.
• However, this freedom is not absolute and is subject to reasonable restrictions to ensure the sovereignty, integrity of the nation, and public order are not compromised.
• For instance, individuals can participate in peaceful rallies or gather in public spaces with others without interference.
• Conversely, forming a group with the intent to threaten people, communities, or the nation can lead to arrest or detention.

Case Law: Rameshwar vs State

• In the case of Rameshwar vs State, a challenge was made against Section 126 of the Representation of the People Act, 1951, claiming it was unconstitutional.
• Section 126 of this act restricts holding meetings on the day of polling.
• The court upheld the constitutionality of this section, stating that it is a reasonable restriction necessary for maintaining public order.

Freedom to Form Association or Union: Article 19 (1)(c) and Restrictions under Article 19 (4)

• Article 19 (1)(c) grants citizens the right to form associations and join unions that are legal and do not conflict with reasonable restrictions.
• Citizens are free to create groups, companies, societies, and political parties, and to join unions, with protection, subject to reasonable limitations.
• Restrictions include ensuring that associations and unions do not undermine the sovereignty, integrity, public order, or morality of the nation.

Example

• Allowed: Creating a political party or organization.
• Not Allowed: Forming a gang of criminals.

Case Law: Ramkrisnaiah vs The President, District Board, Nellore

• In this case, a teacher challenged a government notice prohibiting municipal teachers from joining unions not officially approved by the government.
• The court ruled in favor of the teacher, stating that such restrictions violated the freedom of association and union.

Article 19(1)(d): Freedom to move freely throughout the country. Restrictions under Article 19(5)

• Freedom of movement is a crucial right that allows individuals to travel freely within the country without hindrance.
• Although this freedom is fundamental, certain restrictions can be imposed by authorities for the welfare of the general public and the protection of specific groups like scheduled tribes.
• For instance, individuals have the liberty to travel across the country without needing a passport. However, this does not imply unrestricted access to private properties or government-restricted areas.
• Case Law Example: In the case of Gopalan vs State of Madras, A.K. Gopalan, a communist party leader, was detained under the Preventive Detention Act, 1950 by the Madras government. He contested his detention citing a violation of his freedom of movement under Article 19(1)(d). The court upheld the detention, stating that it was a reasonable restriction permissible under the law.

Key Concepts

• Article 19(1)(e) of the Indian Constitution grants individuals the freedom to reside and settle in any part of India.
• Restrictions under Article 19(5) outline limitations to this right.

Correlation between Sub-Clauses

• Sub-clauses (d) and (e) of Article 19 are interconnected.
• Freedom to move freely within the country logically extends to the right to reside anywhere.
• Restrictions applicable to movement remain consistent for settlement as well.

Illustrative Examples

• No individual can claim the right to reside in a protected monument like the Taj Mahal.
• Similarly, building structures on government or private property without permission is not permissible.

Case Law: State of U.P vs Kaushailiya[5]

• In a case involving six women engaged in prostitution in Kanpur, U.P., the district magistrate issued a notice seeking explanations.
• The women contested this action, citing violations of their rights under Articles 14 and 19(1)(e) of the Constitution.
• The notice was issued under the Immoral Traffic (Prevention) Act, 1956.
• The Supreme Court ruled that the notice did not infringe upon fundamental rights and was a reasonable restriction.

Freedom to Acquire, Hold, and Dispose of Property: Article 19(1)(f) and Restrictions under Article 19(5)

The right to acquire, hold, and dispose of property was initially a part of Part III of the Constitution of India. However, through the Forty-fourth Amendment of 1978, this freedom was removed from Article 19(1)(f).

Key Points

• The freedom to acquire, hold, and dispose of property was once included in Article 19(1)(f) of the Indian Constitution.
• It was eliminated from this article by the Forty-fourth Amendment in 1978.

Explanation

• Previously, individuals had the right to acquire, hold, and dispose of property as part of their fundamental rights in India.
• However, this specific freedom was deemed necessary to be removed, indicating a significant constitutional change.
• By understanding this amendment, citizens can recognize the evolution of property rights within the Indian legal framework.

Example

• For instance, imagine a scenario where an individual wanted to purchase land for agricultural purposes. Previously, they would have had the explicit right to do so under Article 19(1)(f).
• Following the Forty-fourth Amendment, this right is no longer explicitly guaranteed, showcasing the impact of constitutional modifications on property-related freedoms.

Freedom to Practice Any Profession: Article 19(1)(g)

• Every citizen in India has the right to pursue any profession, choose an occupation, or engage in employment or trade based on their interests and desires.
• This right does not grant a monopoly to any particular business, trade, or occupation.
• The freedom to practice also includes the right not to practice, allowing individuals to close their business or cease their occupation as they see fit.

Government's Authority and Restrictions

• The government has the authority to initiate businesses and compete with private enterprises.
• It can establish monopolies in certain sectors and acquire businesses for the public good, which is considered justifiable.

Limitations and Prohibitions

• Individuals cannot engage in illegal activities such as smuggling drugs or opium and claim protection under Article 19(1)(g).
• For instance, starting a business involving illegal substances is strictly prohibited and not covered under this article.

Case Law: Chintamanrao vs State of M.P.

• In the case of Chintamanrao vs State of Madhya Pradesh, the state empowered the Deputy Commissioner to ban the production of Bidi in specific villages during the agricultural season.
• The Supreme Court ruled that a complete prohibition on Bidi manufacturing was unreasonable and violated Article 19(1)(g), rendering it void.

Conclusion

The aforementioned rights can be temporarily suspended in times of emergency, but will be reinstated once the emergency period concludes. Therefore, Article 19 grants us fundamental freedoms essential for improving our lives, albeit with accompanying responsibilities and limitations necessary for societal harmony and functionality.