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.