Fundamental rights under Article 19 of Indian Constitution empower citizens with freedoms essential for democracy.
Article 19 of Indian Constitution is a foundation of the democratic structure of a nation, protecting the fundamental freedoms that are necessary for the holistic development of individuals and the functioning of a vibrant democracy. Article 19 of Indian Constitution elaborates specific rights granted to citizens like their ability to express themselves, assemble, associate, move, reside, and practice any profession. These freedoms empower individuals while maintaining a balance with reasonable limitations to safeguard national security, public order, and morality.
Recently even the Supreme Court of India has stated that, Reasonable restrictions on free speech under Article 19(2) cannot overshadow the right to free speech itself under Article 19(1).
Provisions of Article 19 of Indian Constitution
Article 19(1) provides 6 freedoms to the citizens of India:
- Speech & Expression [Article 19(1)(a)]: This permits citizens to express their thoughts and opinions freely through any medium like writing, speaking, and broadcasting. This freedom is subject to reasonable restrictions in the interests of the 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 a crime.
- Assemble Peaceably and Without Arms [Article 19(1)(b)]: Citizens have the right to gather peacefully without any weapons. This right is important for organizing meetings, protests and demonstrations. The state can impose reasonable restrictions in the interest of public order, sovereignty and integrity of India.
- Form Associations or Unions or Cooperative Societies [Article 19(1)(c)]: Citizens have the right to form associations, unions or cooperative societies. It helps in the formation of political parties, companies, partnerships, societies etc. The state may impose reasonable restrictions in the interest of public order, morality or the sovereignty and integrity of India.
- Move Freely Throughout the Territory of India [Article 19(1)(d)]: Citizens can move freely across the length and breadth of the country and there are no internal barriers within the country. Reasonable restrictions can be imposed in the interest of the general public or for safeguarding the interests of any Scheduled Tribe.
- Reside and Settle in Any Part of the Territory of India [Article 19(1)(e)]: Citizens can reside and settle in any part of the country and its purpose is to eliminate regional barriers and encourage national unity. Reasonable restrictions can be applied in the interest of the general public or for the protection of the interests of Scheduled Tribe.
- Practice Any Profession, or to Carry on Any Occupation, Trade, or Business [Article 19(1)(g)]: Citizens are free to choose their profession, occupation, trade or business. This is for economic liberty and the right to livelihood. The state can impose reasonable restrictions in the interest of the general public and professional or technical qualifications may be prescribed for practicing any profession or carrying on any occupation, trade or business in the country .
Landmark Cases and Judgments of Article 19 of Indian Constitution
Several landmark judgments have shaped the interpretation of Article 19:
- Romesh Thapar vs. State of Madras (1950): The Supreme Court of India stated in this case that freedom of speech and expression includes freedom of circulation and that a law imposing a ban on the entry and circulation of a journal infringes upon this freedom of speech..
- Kameshwar Prasad vs. State of Bihar (1962): The Supreme Court of India struck down a rule that prohibited government servants from taking part in any form of demonstration holding that peaceful demonstrations are a form of assembly safeguarded U/A 19(1)(b).
- Indira Sawhney vs. Union of India (1992): This is the reservations in public employment and upheld the government decision to give reservations for Other Backward Classes (OBCs) by interpreting the provisions connected to equality and freedom to practice any profession.
Misuse and Safeguards of Article 19 of Indian Constitution
While Article 19 ensures fundamental freedoms but there have been few situations where these rights have been misused:
- Hate Speech: The freedom of speech has sometimes been misused to propagate hate speech causing communal tensions. To protect against this, the state imposes reasonable restrictions U/A 19(2) to maintain public order and harmony.
- Unlawful Assemblies: The right to assemble peacefully has sometimes been misused to organize violent protests. The state has the authority to disperse such assemblies to maintain public order.
- Formation of Unlawful Associations: The formation of associations has caused the creation of groups that indulge in unlawful activities. The state can declare such associations illegal and unlawful to safeguard the sovereignty and integrity of the country.
Impact of Article 19 of Indian Constitution
Article 19 has had a impact on Indian society:
- Promotion of Democracy: Freedoms like speech and assembly, Article 19 facilitates participation of active citizens in democratic processes.
- Economic Growth: Practicing any profession or carrying on any occupation like trade or business has contributed to economic development by encouraging entrepreneurship and innovation.
- Social Integration: To move freely and reside in any part of the country have encouraged social integration and national unity by reducing regional differences.
Amendments Related to of Article 19 of Indian Constitution
Article 19 has undergone amendments to address emerging challenges:
- 1st Amendment (1951): Introduced restrictions which are reasonable on the freedom of speech and expression in the interests of public order, friendly relations with foreign states & incitement to an offence.
- 16th Amendment (1963): Added “sovereignty and integrity of India” as grounds for imposing restrictions on the freedoms U/A 19 in response to secessionist activities.
Conclusion
Article 19 of Indian Constitution explains about individual liberty, democratic values and also guarantees fundamental freedoms which at the same time recognizes the necessity of reasonable restrictions so that these freedoms do not harm national security, public order or morality. The judiciary has an important role in balancing these rights with the need for regulation so that citizens enjoy their freedoms without jeopardizing the integrity of the country.
As India continues to evolve Article 19 remains a living provision facing new challenges posed by technology, social movements and concerns related to national security. Ensuring its proper execution and controlling its misuse is key to maintaining the democratic and pluralistic fabric of the nation.
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FAQs on Article 19 of Indian Constitution
1.What are the 6 freedoms provided under Article 19 of Indian Constitution?
Article 19 provides- freedoms of speech & expression, assembly, association, movement, residence & profession, subject to reasonable restrictions.
2.Can Article 19 be restricted by the government?
Yes, the government can impose reasonable restrictions on Article 19 in the interests of sovereignty, security, public order, morality or friendly relations with foreign states.
3.What is the significance of Article 19 of Indian Constitution in Indian democracy?
It provides fundamental freedoms that are necessary for individual liberty, democratic participation, economic growth & social integration.
4.Which landmark judgments have defined Article 19 of Indian Constitution?
Cases like Romesh Thapar v. State of Madras , Kameshwar Prasad v. State of Bihar and Indira Sawhney v. Union of India.
5.How does Article 19 of the Indian Constitution impact freedom of speech?
It provides free speech but restrictions on grounds like public order, defamation, incitement to violence & sovereignty of India.
