ARTICLE 19 OF CONSTITUTION OF INDIA

Article 19 of the Indian Constitution assures six rights to all citizens of India. The rights are
as follows –
• Article 19(1)(a) – Right to freedom of speech and expression;
• Article 19(1)(b) – Right to assemble peaceably and without arms;
• Article 19(1)(c) – Right to form associations or unions;
• Article 19(1)(d) – Right to move freely throughout the territory of India;
• Article 19(1)(e) – Right to reside and settle in any part of the territory of India;
• Article 19(1)(g) – Right to practice any profession, or to carry on any occupation, trade
or business.[2]
Initially, Article 19(1) of the Constitution of India provided seven rights to freedom.
The right to freedom to hold, acquire and dispose of the property was eliminated by the 44th
Constitutional Amendment Act of 1978. The property right is altered as a constitutional right from
the fundamental right.

These six rights promote oneness in society and make the nation strong. These rights are
exclusively preserved against the state action. The state can apply any law to impose reasonable
restrictions on these rights on the grounds of public order and offence.
If any of the rights mentioned in Article 19(1) are infringed, the citizen can easily approach the
High Court of the states as per Article 226 of the Supreme Court of India under Article 32 for
the enforcement of the fundamental rights.
A brief explanation of these six rights are stated below –

Freedom of speech and Expression:–

Article 19 (1)(a) of a fundamental right allow the people of India to express their thoughts and
expressions, opinions openly in any manner. In a democratic state like India, freedom of speech
and expressions is the safeguard for the functioning of a democratic procedure. An individual
in India freely express his views in the social, political and economical matter.
Right to freedom of speech and expression is considered as the first condition of liberty of
thought, expression and belief mention in the features of the preamble of the Indian
Constitution.
The supreme court of India stated that the right to freedom of speech and expression consists
of certain right they are –
1. Right to freedom of the press.
2. Right to freedom of commercial speech –
3. Right to information.
4. Right to telecast.
5. Right to criticize.
6. Right to silence.
7. Right to Co-curriculum activities.
8. Right to choose personal appearance.
The state may enforce reasonable restrictions mentioned on Article 19(2) on these rights on
the grounds of–

1. Beach of sovereignty and integrity of the nation.

2. Ensures safety peace and unity among the people of India.
 3. In case of defamation and offence.
4. Protect the state.
5. Maintain good relations with foreign state etc.
Case laws:-
The Supreme Court of India has ruled in favour of the right to freedom of speech and expression
over the year. Some of the cases are –
1. In secretary ministry of I & B, Govt. of India V. Cricket Assn. of Bengal (1995)2 SCC
(161), the apex court held that the right to impart and receive information from
electronic media was included in the right to freedom of speech and expressions. The
airwaves were public property hence the distribution of airwaves in the private channel
as well as government channels was to be done on an impartial basis.
2. S. Rangarajan Etc v. P. Jagjivan ram (1989 SCC 574), the apex court stated that right
to criticize is a fundamental right under Article 19 (1)(a) of the right to freedom of
speech and expressions. A person can openly criticize a political party.

Freedom to Assemble peaceably and without arms:-

Article 19(1)(b) of the fundamental rights grants citizens to peacefully assemble in a public
meeting and attend processions without carrying any weapons. The right to assemble does not
include the right to strike. The provision is not liable in case of violation, riots and breach of
peace. The state can impose restrictions on this provision on the grounds mentioned in Article
19 (3) of the Constitution of India on maintaining public order sovereignty and Integrity of
India.
In case of any risk of human life or emergency, a magistrate may restrain this provision
under Sec.144 of Criminal Procedure Code, 1973.
An unlawful assembly of five or more people is restrained by the law as per Sec.141 of the
Indian penal code, 1860.
Case laws:–
In Himmat lal v. Police commissioner (AIR1973 sec 87), the apex court held that the police
permission of the region is must hold a public meeting in a public place.

Freedom to Form Association:-

Article 19(1)(c) is heart of the constitution because without this right the democratic state
cannot be established. Act 19 (1)(c) gives the right to freedom to form association within the
territory of India. As per this provision, a citizen can start or join a political party, company,
firms, organization and trade union.
Article 33 of the Indian constitution stated that the member of armed forces, bureau,
telecommunication and government employees are not allowed to form political Union or
Association under article 19(4) the authority of the law can impose a reasonable restriction on
the grounds of maintaining peace on the state, friendly relation with other state, sovereignty,
etc.
Case laws–
In the BCCI V. Cricket Association of Bihar (2016 8 SCC 535), the apex court held that the
right to form association does not include the right to carry on business or other activity and
the state can impose regulation on such business chosen by such association so long as the
initial voluntary composition of the union endures unaffected.

Right to Movement:-

Article 19(1)(d) of the fundamental right entitles the citizen of India to move freely within the
territory of India. A citizen can move from one state to another state freely. The purpose of
this provision to enhances national harmony among the states. Reasonable restrictions can be
imposed by the authority of law under Article 19(5) of the Indian Constitution on the ground of
protecting the interest of Schedule Tribes and the interests of the public.

As per article 19(5) visits of the Tribal areas are restricted to protect the cultural, custom and
language of the tribes.
Case law:-
1) In the State of Uttar Pradesh v. Kaushalya (AIR 1964 SCC 416), the Supreme Court stated
that the right to movement of prostitution can be restricted on grounds of public health.

Freedom of Residence:-

Article 19 (1)(e) grants the citizen to reside and settle in any part of India. This provision was
added by the 44th Constitutional Amendment Act 1978.[3] A citizen can permanently or
temporarily reside in any state of India.
The main object of this provision is the protect harmony and nationalism. As per Article 19(5)
of the Constitution of India, the state may apply reasonable restriction on the ground is of
protecting the interest of public and interest of the tribes. The right to freedom of residence and
freedom of movement are parallel in nature.

Freedom of Profession:–

Article 19(1)(g) of the constitution of India entitles every citizen to practice any profession or
carry on any occupation, trade, or Business[4] depends on their interests. Under Article
19(6) of the Indian constitution, the authority of law may empower the state to impose the
reasonable reaction on the freedom of profession on grounds in the interest of general public.
Further, the state is empowered to-
1. Prescribe professional or technical qualifications necessary for practicing any
profession or carrying on any occupation, trade or business; and
2. Carry on by itself any trade, business, industry or service whether to the exclusion of
citizens or otherwise.

A person practicing any trade or business has the right to close anytime he wanted. Any
profession or business immoral in nature is strictly prohibited under the eye of law. This
provision is not liable for practicing any unlawful occupation.
Case law–
 In Unni Krishnan V. State of Andhra Pradesh (AIR 1993 SC 2178), the Supreme Court
stated that establishing an educational institution cannot be regarded as trade in India. Trade
carried on for a profit. Imparting education cannot be allowed to become commerce.

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