Article 19 of Constitution of India
Article 19 of the Constitution of India
1. Introduction
Article 19 guarantees certain fundamental freedoms to the citizens of India.
It is part of the Fundamental Rights enshrined in Part III of the Constitution.
These freedoms are essential for the development of individuals and for sustaining democracy.
2. Text of Article 19
Article 19(1) guarantees six freedoms to the citizens:
Freedom of speech and expression (19(1)(a))
Freedom to assemble peacefully and without arms (19(1)(b))
Freedom to form associations or unions (19(1)(c))
Freedom to move freely throughout the territory of India (19(1)(d))
Freedom to reside and settle in any part of India (19(1)(e))
Freedom to practice any profession, or to carry on any occupation, trade or business (19(1)(g))
3. Scope of Freedoms
Freedom of Speech and Expression (19(1)(a)): Right to express one’s views by word of mouth, writing, printing, pictures, or any other mode.
Freedom of Assembly (19(1)(b)): Right to hold peaceful meetings and protests without arms.
Freedom of Association (19(1)(c)): Right to form groups, political parties, trade unions, etc.
Freedom of Movement (19(1)(d)): Right to travel anywhere in India.
Freedom of Residence (19(1)(e)): Right to live and settle anywhere in India.
Freedom of Profession/Trade (19(1)(g)): Right to choose profession or carry on business.
4. Reasonable Restrictions (Article 19(2) to 19(6))
The freedoms under Article 19(1) are not absolute.
The Constitution permits the State to impose “reasonable restrictions” in the interests of:
Sovereignty and integrity of India
Security of the State
Friendly relations with foreign states
Public order
Decency or morality
Contempt of court
Defamation
Incitement to an offence
These restrictions are subject to the test of reasonableness—they must be fair, just, and not arbitrary.
5. Important Case Laws on Article 19
A. Romesh Thappar v. State of Madras (1950)
Held that freedom of speech and expression is the foundation of all democratic institutions.
Any restriction must satisfy the conditions laid down under Article 19(2).
Established that freedom of the press is an essential part of freedom of speech.
B. Maneka Gandhi v. Union of India (1978)
Expanded the interpretation of Article 19 and Article 21 (Right to Life and Personal Liberty).
Held that restrictions must be fair, just, and reasonable and cannot be arbitrary or oppressive.
Reinforced the requirement of due process in restrictions under Article 19.
C. Indian Express Newspapers (Bombay) Pvt. Ltd. v. Union of India (1985)
Held that censorship of the press is not permissible except under clear legal restrictions.
Emphasized the role of free press in democracy.
D. Shreya Singhal v. Union of India (2015)
Struck down Section 66A of the IT Act for being vague and arbitrary.
Affirmed that freedom of speech includes freedom of expression on the internet.
Emphasized that restrictions must not be vague or excessive.
E. Kharak Singh v. State of UP (1964)
Held that the right to privacy is implicit in Article 19 and other fundamental rights.
Restrictions affecting personal liberty and movement must be reasonable.
6. Tests for Reasonable Restrictions
The Supreme Court has laid down tests to determine if a restriction is reasonable:
The restriction must be provided by law.
The law must have a legitimate aim recognized under Article 19(2).
The restriction must be necessary and proportionate to the aim.
It must not be vague, arbitrary, or excessive.
7. Distinction Between Article 19 and Article 21
Article 19 guarantees freedom to all citizens.
Article 21 (Right to Life and Personal Liberty) guarantees rights to all persons, citizens or non-citizens.
Article 19 freedoms are subject to reasonable restrictions, whereas Article 21 requires due process and fair treatment.
8. Summary Table
| Freedom under Article 19 | Description | Restrictions Allowed under Article 19(2) |
|---|---|---|
| Speech and Expression | Right to express opinions freely | Sovereignty, Security, Public order, Defamation, etc. |
| Assembly | Right to hold peaceful meetings | Public order, Sovereignty |
| Association | Right to form unions, parties | Sovereignty, Security |
| Movement | Right to travel anywhere in India | Public order, Security |
| Residence | Right to settle anywhere in India | Public order, Security |
| Profession/Trade | Right to practice any profession or business | Interests of general public, Morality |
9. Conclusion
Article 19 is a cornerstone of Indian democracy, guaranteeing essential freedoms to citizens, enabling participation in public life, expression of ideas, and pursuit of livelihood. However, these rights come with reasonable restrictions to balance individual liberty with public interest. The Supreme Court has played a crucial role in interpreting these freedoms expansively while ensuring restrictions are not arbitrary, protecting the democratic fabric of the nation.
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