School of Law Shampa Dev 2023 24 Articles 19

Summary

This session delves into Article 19 of the Indian Constitution, detailing the fundamental freedoms it guarantees, such as freedom of speech and expression, assembly, association, movement, and the pursuit of professions or businesses. While these freedoms are not absolute, the state can impose reasonable restrictions for the public welfare. The video discusses landmark cases, such as the right to remain silent and the freedom of the press, and how the courts have interpreted these rights. It also addresses the balance between individual liberties and societal interests, highlighting the importance of these freedoms in a democratic society.

Takeaways

• 📜 Article 19 of the Indian Constitution guarantees fundamental freedoms but these are not absolute and can be restricted for public welfare.
• 🗣️ The right to freedom of speech and expression is crucial for democracy and personal growth, but it is not unlimited and can be restricted by law for certain interests.
• 🏛️ Landmark cases like E. V. Ramasami vs. State of Tamil Nadu and Bennett Coleman vs. Union of India have shaped the interpretation of freedom of speech and expression.
• 🚫 Section 66A of the IT Act, which criminalized sending offensive messages, was struck down as unconstitutional, emphasizing the importance of free speech on social media.
• 🤝 The freedom to assemble peaceably and without arms is a significant aspect of constitutional law, but it can be regulated by the state to maintain public order.
• 🏢 Citizens have the right to form associations and unions, but this right is not absolute and can be subject to reasonable restrictions by the state.
• 🛣️ Article 19(d) ensures the freedom of movement within India, but this can be restricted for the general public's interest or to protect scheduled tribes.
• 🏡 The right to reside and settle in any part of India is granted by Article 19(e), yet it can be limited by law for the general public's interest or scheduled tribes' protection.
• 💼 Every citizen has the right to practice any profession or carry on any occupation, trade, or business as per Article 19(g), but with certain restrictions to protect public interest.
• 🏛️ The state can impose reasonable restrictions on the exercise of fundamental rights under Article 19 to uphold the principles of a controlled and planned economy.

Q & A

What are the fundamental freedoms guaranteed under Article 19 of the Constitution of India?

Article 19 guarantees six fundamental freedoms: freedom of speech and expression, peaceful assembly without arms, forming associations and unions or cooperative societies, moving freely throughout India, residing and settling in any part of India, and practicing any profession or carrying on any occupation, trade, or business.

Are the freedoms under Article 19 absolute?

No, the freedoms under Article 19 are not absolute. The state can impose reasonable restrictions on these rights if necessary for public welfare.

What is the primary purpose of the restrictions on the freedoms under Article 19?

The primary purpose of the restrictions is to safeguard these rights from interference by the government or by the people, ensuring protection from arbitrary behavior of the state.

What is the significance of freedom of speech and expression in a democratic society?

Freedom of speech and expression is crucial in a democratic society as it allows individuals to communicate their thoughts, supports democratic values, and ensures diversity. It is considered the most important of all freedoms and is a fundamental human right.

Can you provide an example of a landmark case related to freedom of speech and expression in India?

Yes, one example is the case of 'BJ Emmanuel vs State of Kerala' where the Supreme Court ruled that expelling students for not singing the National Anthem violated their freedom of expression.

What are the reasonable restrictions that can be imposed on the freedom of speech and expression?

Reasonable restrictions can be imposed in the interest of sovereignty and integrity of India, security of the state, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, or incitement to an offense.

How does the Constitution of India view the right to assemble peacefully?

The Constitution views the right to assemble peacefully as an important aspect of constitutional law, but it faces limitations due to the intersection of constitutional text and criminal procedure.

What is the significance of the freedom to form associations and unions under Article 19?

The freedom to form associations and unions is significant as it allows citizens to come together for various purposes, including political parties, clubs, societies, companies, organizations, entrepreneurial ventures, and trade unions.

Can the state impose restrictions on the freedom to form associations and unions?

Yes, under Clause 4 of Article 19, the state can impose reasonable restrictions on this right in the interest of public order, morality, or the sovereignty and integrity of India.

What does the freedom to move freely throughout India entail?

The freedom to move freely throughout India allows every Indian citizen to travel unrestricted within the Indian Territory, fostering a national mindset over parochial considerations.

What are the reasonable restrictions on the freedom to reside and settle in any part of India?

Reasonable restrictions can be imposed by law in the interest of the general public or for the protection of the interests of any scheduled tribe.

How does the Constitution of India view the freedom to practice any profession or carry on any occupation, trade, or business?

The Constitution provides every citizen the right to practice any profession or carry on any occupation, trade, or business, but this right is subject to reasonable restrictions that can be imposed by the state in the interest of the general public.

Outlines

00:00

📜 Introduction to Article 19 of the Indian Constitution

This paragraph introduces Article 19 of the Indian Constitution, outlining the fundamental freedoms it guarantees. These freedoms, though fundamental, are not absolute, as the state can impose reasonable restrictions for public welfare. Article 19 aims to protect these freedoms from government or public interference and prevent arbitrary behavior by the state. Justice Krishna Iyer emphasizes that the power to censor lies with the people, not the government. The paragraph lists the freedoms under Article 19, such as freedom of speech, assembly, association, movement, residence, and occupation, while reiterating that these freedoms have limitations.

05:01

🗣 Freedom of Speech and Expression

This paragraph delves into the right to freedom of speech and expression, emphasizing its importance in democracy. It explains that free speech is foundational to the liberty of thought and expression, essential for democracy, personal growth, and discovering truth. It mentions key court decisions such as the BJ Emmanuel case, which ruled that expelling students for not singing the national anthem violates freedom of expression, and the Bennett Coleman case, which protected freedom of the press. It also highlights the Shreya Singhal case, where Section 66A of the IT Act was struck down for violating free speech on social media. However, reasonable restrictions like national security and public order can still be imposed.

10:02

👥 Right to Assemble Peaceably and Without Arms

This paragraph discusses the freedom to assemble under Article 19. It mentions court rulings like Kameshwar Prasad vs. State of Bihar, which affirmed that government employees retain their right to demonstrate. However, this right is not absolute and can be restricted to maintain public order. The paragraph points out that the right to protest is inferred from the right to assemble and free speech. The Supreme Court has ruled that peaceful protests are essential for democracy, but restrictions can be imposed for public order, as seen in cases involving curfews and protests like the Shaheen Bagh protests.

15:02

🔗 Right to Form Associations and Unions

This paragraph explains the freedom to form associations, unions, and cooperative societies under Article 19. It highlights that this right includes forming various entities such as political parties and trade unions but does not automatically guarantee collective bargaining or the right to strike. Restrictions can be imposed to maintain public order, morality, or national integrity. The paragraph also clarifies that forming an association does not guarantee its recognition or the right to form rival unions, especially for government employees, and emphasizes that laws like the Industrial Disputes Act may regulate these rights.

🚶‍♂️ Freedom of Movement and Residence

This paragraph covers the rights to move freely and reside anywhere in India, as guaranteed under Article 19. These rights are not absolute and are subject to reasonable restrictions, especially for protecting the interests of scheduled tribes or general public welfare. The Constitution emphasizes the unity of India by ensuring citizens can move and reside freely within the country. However, these freedoms can be limited by law for the protection of public interests, particularly in areas inhabited by vulnerable communities like scheduled tribes.

💼 Right to Practice Any Profession, Trade, or Business

This paragraph explains the right to practice any profession or engage in trade and business, as outlined in Article 19. It clarifies that this right does not extend to illegal activities or guarantee a specific job or business success. The state can impose reasonable restrictions, regulate professional qualifications, and control certain businesses in the public interest. Laws can be enacted to ensure businesses operate in a way that aligns with societal welfare and a planned economy. However, the right is broad, providing individuals the freedom to engage in lawful trades or occupations of their choice.

Keywords

💡Article 19

Article 19 of the Indian Constitution guarantees fundamental freedoms to Indian citizens, including speech, assembly, and movement. It is the core focus of the video, as it outlines the basic rights that form the foundation of democratic governance in India. The video emphasizes that while these rights are protected, they are not absolute and can be restricted for public welfare.

💡Freedom of Speech and Expression

This is one of the fundamental freedoms under Article 19(1)(a) of the Indian Constitution. It allows citizens to freely express their views, opinions, and beliefs. In the video, it is highlighted as the lifeline of democracy, where free speech is essential for personal growth, discovering truth, and upholding democratic values. The video references landmark cases like Shreya Singhal v. Union of India, where the right was upheld by striking down unconstitutional laws that restricted it.

💡Reasonable Restrictions

Article 19 permits 'reasonable restrictions' on the freedoms it guarantees, which can be imposed by the state in the interest of sovereignty, integrity, public order, and morality, among other concerns. This concept is central to balancing individual rights with broader societal needs, and the video frequently refers to instances where these restrictions were applied in court cases.

💡Freedom to Assemble Peaceably

Article 19(1)(b) guarantees the right to assemble peacefully without arms. The video explains how this right allows citizens to protest and express dissent. However, like other freedoms, it is subject to reasonable restrictions, especially when public order or safety is at risk. The video cites cases like Shaheen Bagh protests and the use of Section 144 of the Criminal Procedure Code to control assemblies.

💡Freedom to Form Associations and Unions

Article 19(1)(c) provides the right to form associations, unions, or cooperative societies. This right enables people to collectively advocate for their interests. The video explains how this freedom, while broad, does not inherently guarantee the right to strike or collective bargaining, and reasonable restrictions can be imposed by laws such as the Industrial Disputes Act.

💡Freedom of Movement

Article 19(1)(d) ensures the right to move freely within the territory of India. This right emphasizes national unity by allowing unrestricted travel across state borders. The video notes that this freedom is essential for promoting a national mindset and is subject to restrictions in the interest of the general public or for protecting the rights of scheduled tribes.

💡Freedom to Reside and Settle

Article 19(1)(e) gives citizens the right to reside and settle in any part of India. It complements the freedom of movement and is designed to eliminate internal barriers between states. The video explains that this right is subject to restrictions for public interest or the protection of vulnerable communities, such as scheduled tribes.

💡Freedom to Practice any Profession

Article 19(1)(g) grants citizens the right to practice any profession or engage in any trade or business. The video clarifies that while this is a broad right, it does not allow individuals to engage in illegal activities or ensure specific job opportunities. The state has the authority to regulate professional qualifications and enforce reasonable restrictions for public interest.

💡Public Welfare

Public welfare refers to the general well-being of the public, and it is used as a justification for imposing restrictions on the fundamental rights outlined in Article 19. The video emphasizes that individual freedoms, while crucial, can be limited when necessary for the greater good of society, such as maintaining public order or protecting national security.

💡Supreme Court Cases

Landmark Supreme Court cases are used throughout the video to illustrate how Article 19 rights have been interpreted and upheld in various legal contexts. Cases like Bijoe Emmanuel v. State of Kerala and Shreya Singhal v. Union of India highlight the judiciary's role in protecting free speech, religious freedom, and expression from unconstitutional state actions.

Highlights

Article 19 of the Indian constitution grants fundamental freedoms to citizens.

These freedoms are not absolute and can be restricted for public welfare.

The state promises to uphold these freedoms and protect them from interference.

Freedoms under Article 19 include speech, expression, assembly, association, movement, residence, and profession.

Freedom of speech is crucial for democracy and personal growth.

The Supreme Court of India has ruled on various cases involving freedom of speech.

The right to freedom of speech includes the right to remain silent and participate in sports.

The Shreya Singhal case declared Section 66A of the IT Act unconstitutional.

Reasonable restrictions can be imposed on free speech in the interest of sovereignty, security, public order, etc.

The right to assemble peacefully is subject to procedural limitations.

Kameshwar Prasad case challenged a rule prohibiting demonstrations by government employees.

The freedom to form associations and unions is protected but with certain restrictions.

The right to move freely within India is subject to reasonable restrictions.

The freedom to reside and settle in any part of India aims to eliminate internal barriers.

The right to practice any profession or carry on any occupation is protected but not absolute.

The state can regulate professional qualifications and impose restrictions for public interest.

Transcripts

[Music]

[Music]

hello and welcome to the session on

Article 19 of the Constitution of India

here we look into the fundamental

freedoms guaranteed under Article 19

Article 19 Clause one of the Indian

constitution grants rights to some

fundamental freedoms

however these freedoms are not absolute

the state can impose restrictions on

these rights if it's necessary for

public welfare the main purpose is to

safeguard these rights from interference

by the government or by the people in

other words by an enumeration of these

freedoms in the Constitution the state

promises to uphold them and to ensure

the protection of these freedoms from

any kind of inter interference these

freedoms have also been understood as

restrictions on arbitrary behavior of

the state that can be enforced by the

people as Justice Krishna AER States

this freedom is essential because the

sensorial power lies in the people over

and against the government and not in

the government over and against the

people so Article 19 essentially lays

down a list of fre freedoms at the

outset I would like to reiterate that

these freedoms are not Limitless they

are not absolute there are restrictions

on these freedoms in the interest of the

greater good let us have a look at the

freedoms ensured under Article 19 it

states all citizens shall have the right

to freedom of speech and expression to

assemble peaceably without arms to form

Association and unions or cooperative

societies to move freely throughout the

territory of India to reside and settle

in any part of the territory of India

and to practice any profession or to

carry on any occupation trade or

business we will look into each of these

freedoms separately first the right to

freedom of speech and

expression speaking freely is a matter

of freedom and right the Preamble of our

Constitution states the liberty of

thought expression belief faith and

worship the freedom to think and the

right to know are the foundations of

expression free speech is like the

lifeline of democracy in a democratic

state where the people are the ultimate

rulers freedom of expression is

crucial without it democracy's Reliance

on reasoning is compromised notes IA

Jennings Milton in aerop ptica

emphasizes that without this Freedom

both individuals and Nations suffer in

their moral and intellectual

life as already mentioned Justice

Krishna AER believes this freedom is

vital because the power to censor lies

with the people not the government

freedom of speech is necessary for

discovering the truth personal growth

democratic values and ensuring

diversity the people of India created

the Constitution to establish India into

a sovereign Democratic Socialist secular

Republic in our Democratic Society

significant importance is given to free

speech and expression which is

considered the most important of all

freedoms the Indian constitution as

outlined in the Preamble aims to ensure

freedom of thought and expression for

all citizens freedom of expression is a

fundamental human right allowing

individuals to communicate and apply

their personal

thoughts this right is recognized in

various constitutions regardless of the

system of

government on many occasions the courts

have had the opportunity to explain the

scope of the right the right to freedom

of speech and expression includes the

right to remain silent participate in

sports Hoist the flag communicate print

and advertise a right to know

Etc here are some of the landmark

decisions BJ Emanuel versus state of

Kerala in July 1985 three children in a

school in Kerala found themselves at the

center of a unique

situation these kids were asked to leave

their school because they chose not to

sing the national anthem janagam during

the morning assembly at school rather

than singing along they stood silently

objecting on religious grounds as they

were followers of Jehovah

Witnesses not willing to accept this

decision the father of the children took

the matter to the high court of Kerala

he argued that the expulsion violated

their rights to freedom of expression

and freedom of religion which are

safeguarded under Article 19 and 25 of

the Indian

constitution however the high court

disagreed stating that nothing in the

national anthem could offend religious

beliefs undeterred the father decided to

take the case to the next level and

filed a special leaf petition in the

Supreme Court of India under article 136

of the Constitution

the stage was set for a legal Showdown

that would determine the balance between

patriotic practices and individual

freedoms the Supreme Court of India

ruled that expelling students for not

singing the National Anthem violated

their freedom of expression the court

emphasized that restrictions on freedom

of expression must be based on a law and

there was no law mandating the singing

of the national anthem

Additionally the Department of Education

in the state of Kerala lacked the legal

authority to restrict free speech and

expression as it could be done only by a

law passed by the

parliament in another case of Bennett

Coleman and Company versus Union of

India the Supreme Court ruled that

newspapers should have the freedom to

decide their pages and

circulation Bennett colan that is the

times group challenged the news paper

price and Page act 1956 which allowed

the government to control the allocation

of space for advertisements the court

stated that although the term freedom of

the press is not explicitly mentioned in

Article 19 it is covered therein

ensuring freedom from interference that

affects the content and circulation of

newspapers you may be familiar with the

Shrea single case the court declared

section 66a of the information

technology act as unconstitutional and

violative of article

191a section 66a of the it act

criminalized the sending of offensive

messages through a computer or other

communication devices for this it

prescribed 3 years

imprisonment the law had no procedural

safeguards this gave arbitrary power to

the state and resultant blatant

invasions on the exercise of free speech

on social media this judgment struck out

section 66a of the it

act article 191a of the Indian

constitution grants all citizens

including the media the right to freedom

of speech and expression however as

mentioned earlier the right is not

absolute Clause two of Article 19 allows

reasonable restrictions to be imposed by

law in the interest of specific concerns

like sovereignty and integrity of India

the security of the state friendly

relations with foreign States public

order decency or morality contempt of

court defamation incitement to an

offense recently there have been

numerous instances of the exercise of

free speech affecting the religious

sentiment ments of

others sometimes it has resulted in

assaults and deaths you may wonder what

the stand of the law in this regard is

as seen in the reasonable restrictions

there is no mention of free speech being

restricted in the interest of the

sentiments of another if there were to

be a restriction on speech if it hurts

sentiments the court would be at a loss

to understand and apply the implications

of it for sentiments are subjective

there is no way to measure hurt

sentiments try and find instances where

exercise of free speech has resulted in

hurting Sentiments of a community now

let's move to the next Freedom this is

article

191b to assemble peaceably and without

arms the freedom to assemble is an

important aspect of constitutional law

but it faces limitations due to the

intersection of constitutional text and

criminal

procedure while the Constitution grants

the right to assemble procedural

Provisions significantly restrict this

Freedom allowing the state to regulate

and limit its

exercise in the case of kameshwar Prasad

versus state of Bihar a rule prohibiting

demonstrations by government employees

was challenged the Court ruled that the

government servants retain their

fundamental rights and the rule

prohibiting demonstrations is not

acceptable the court acknowledged that

while government employees have rights

their official position May sometimes

impose some limitations on the exercise

of those

Rights Article 193 of the Constitution

allows reasonable restrictions on the

right to assemble for the interests of

sovereignty integrity and public

order these restrictions were added

after the adoption of the

Constitution you may think is this

Freedom guaranteeing a right to

protest without explicitly stating so

the right to free speech and expression

and the right to assemble peacefully

leads to the inference that a right to

protest can be read in it the Supreme

Court has stated that though not

absolute this right very much exists and

must be respected because it strengthens

democracy sometimes if the government

deems it necessary in the interest of

public order they may curtail this right

to protest by the imposition of curfew

under Section 144 of the criminal

procedure

code in the ramela Medan case the

Supreme Court said that to hold dhas

processions and rallies police

permission needs to be taken the court

has also warned that protesters need to

be conscious and not cause interference

in the lives of non

protesters more recently at shahinbag

Delhi protesters sat on public road

disrupting public life they were

opposing the citizenship Amendment act

the Supreme Court ruled that indefinite

occupation of public ways and public

spaces for the protest or expressing

dissent was not

acceptable let's move to the third

Freedom the third Freedom guaranteed

under Article 19 is the freedom to form

associations and unions or cooperative

societies article

191c of the Constitution of India

ensures that every citizen has the right

to form Association and unions or

cooperative soci

societies however under Clause 4 of

Article 19 the state is empowered to

enact laws imposing reasonable

restrictions on this right in the

interest of public order morality or the

sovereignty and integrity of

India the scope of the right to form

associations unions or cooperative

societies is extensive and encompasses

various entities such as political

parties clubs societies companies

organizations entrepreneurial Ventures

and trade

unions it is crucial to note that the

right to form trade unions while

protected does not automatically

guarantee an inherent right to effective

collective bargaining or the right to

strike whether as a part of collective

bargaining or

otherwise the ability to strike or

declare a lockout may be subject to

control or restrictions imposed by

various industrial legislations such as

the industrial disputes act or the trade

unions act additionally the right to

form an association does not inherently

include the right to recognition nor

does it Grant the right to strike

furthermore the formation of an

association does not confer the right to

form a rival Union this holds true even

even in the context of freedom of

Association for government

employees the limitations and

regulations imposed by relevant

industrial legislations play a

significant role in defining and

restricting the exercise of these rights

in order to maintain a balance with

broader societal

interests Clause four of Article 19

empowers the state to impose reasonable

restrictions on the right of free

freedom of Association and Union in the

interest of public order or morality or

sovereignty or Integrity of

India it saves existing laws in so far

as they are not inconsistent with the

fundamental right of

Association Next is the freedom of

movement within India article 191d of

the Constitution of India affirms the

right of every Indian citizen to move

move freely throughout the territory of

India however this right is not absolute

and is subject to reasonable

restrictions outlined in Clause 5 of

Article

19 these restrictions can be imposed in

the interest of the general public or

for the protection of the interests of

any scheduled tribe the Constitution

guarantees citizens the freedom to

travel unrestricted with within the

Indian Territory not only between States

but also within the boundaries of the

same

state any limitations on this Freedom

must adhere to the prescribed limits

under Article 19 Clause 5 the emphasis

of the Constitution is on treating the

entire territory as a unified entity for

its citizens fostering a national

mindset over parochial considerations

the grounds for imposing restrictions as

specified in Clause 5 of Article 19

include in the interest of general

public for the protection of the

interests of scheduled

tribes next is the freedom to reside and

settle anywhere in

India article

191e grants every Indian citizen the

right to reside and settle in any part

of the territory of India

however Clause five of Article 19 allows

for reasonable restrictions on this

right which can be imposed by law in the

interest of general public or for the

protection of the interest of scheduled

tribes the objective is to eliminate

internal barriers within the country the

phase the territory of India in this

context signifies the freedom to reside

anywhere within any part of the Indian

state it is noteworthy that the right to

reide and the right to move freely often

complement each other and the

restrictions applicable to article 191d

are relevant to article 191e as well

this right to is subject to reasonable

restrictions in the interest of general

public or the protection of the

scheduled

Tripes lastly the freedom to practice

any profession or Carry On Any

occupation trade or

business article

191g of the Constitution provides every

citizen the right to practice any

profession or Carry On Any occupation

trade or

business however article

196 specifies the nature of the

restrictions that can be imposed by the

state on this

right while subclause g confers a broad

right for individuals to engage in the

business of their Choice it does not

allow for engaging in illegal activities

or securing a specific job or

position the state or any statutory body

is not obligated to create conditions to

make a trade lucrative or attract

customers moreover the state under

article 196 can regulate professional or

technical qualifications necessary for

practicing a profession and this

regulation is protected under the law

the state is also empowered to carry on

any trade business industry or service

in the interest of the general public

excluding or including citizens wholly

or

partially however this provision does

not apply if the state is not involved

in any

trade overall the state can enact laws

imposing reasonable restrictions on the

the exercise of this fundamental right

in the interest of the general public

aligning with the principles of a

controlled and planned

economy that's all about Article 19 for

more reading do refer to the reading

material and the references provided

thank

you