Article 19 (Right to Freedom) of Constitution of India

This article aims to discussed about Article 19 of the Constitution of India i.e., right to freedom, and landmark Supreme Court judgements.

 

1. Introduction

 

In the grand tapestry of India's Constitution, Article 19 stands as a cornerstone, meticulously woven to ensure the protection of the fundamental rights that underpin a democratic society. Enshrined within Part III of the Constitution, which deals with Fundamental Rights, Article 19 grants citizens of India the freedom of speech and expression, the right to assemble peacefully, the right to form associations or unions, the right to move freely throughout the territory of India, and the right to reside and settle in any part of the country. These freedoms, collectively, form the bedrock upon which a vibrant and robust democracy thrives.

 

2. Origins and Significance:

 

The drafters of the Indian Constitution, led by Dr. B.R. Ambedkar and his team, recognized the necessity of safeguarding these fundamental freedoms. The influence of the Universal Declaration of Human Rights and the importance of protecting individual liberties in the wake of India's struggle for independence played a pivotal role in shaping Article 19.

 

3. The Essence of Article 19:

 

1. Freedom of Speech and Expression: Citizens are bestowed with the right to express their thoughts, opinions, and ideas freely. This includes the freedom of the press, allowing media to act as a watchdog, facilitating open discourse, and holding those in power accountable. However, this freedom is not absolute and can be restricted in the interests of sovereignty, integrity, security, public order, and morality.
2. Right to Assemble Peacefully: People have the right to gather peacefully to voice their concerns, protest, or advocate for change. This is a crucial aspect of a vibrant democracy, enabling citizens to exercise their collective voice.
3. Right to Form Associations or Unions: Article 19 recognizes the importance of collective action. Citizens are allowed to form associations, unions, or organizations to further their interests or causes. However, like other freedoms, this right is subject to reasonable restrictions in the interest of public order, morality, and the rights of others.
4. Right to Move Freely: The Constitution ensures that citizens can move freely within the territory of India. This freedom is essential for trade, commerce, education, and personal growth.
5. Right to Reside and Settle: Individuals have the right to choose their place of residence within the country. This provision promotes a sense of unity and national integration, allowing citizens to transcend regional boundaries.
6. Reasonable Restrictions: While the Constitution guarantees these freedoms, it also recognizes the necessity of imposing reasonable restrictions. These restrictions, as outlined in Article 19 itself, are aimed at balancing individual rights with the larger interests of society and the state. The State has the authority to enact laws that impose restrictions on these freedoms in the interests of sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency, and morality. This balance ensures that individual rights do not undermine the collective welfare of the nation.

 

4. Evolving Interpretations:

 

Over the years, the judiciary has played a crucial role in interpreting and balancing the rights enshrined in Article 19. Landmark judgments have clarified the contours of these freedoms and their permissible limitations. The famous case of Maneka Gandhi v. Union of India (1978) emphasized the principle of natural justice and the importance of giving citizens an opportunity to be heard before their rights are curtailed.

 

5. Landmark Judgements:

 

The Supreme Court of India has delivered several landmark judgments that have significantly impacted the interpretation and application of Article 19 of the Constitution, which guarantees various freedoms to Indian citizens. Here are a few notable judgments:

 

1. Kameshwar Prasad v. State of Bihar (1962): In this case, the Supreme Court held that the right to freedom of speech and expression under Article 19(1)(a) includes the right to criticize the government and its actions. The case established that reasonable restrictions on this right must be related to the grounds specified in Article 19(2) and must not be excessive or arbitrary.
2. Ramesh Thappar v. State of Madras (1950): This was one of the earliest cases related to freedom of speech and expression. The Court ruled that the Madras government's decision to ban a magazine critical of the government was a violation of the freedom of speech and expression. The judgment emphasized the importance of a free press in a democracy.
3. S. Rangarajan v. P. Jagjivan Ram (1989): This case reiterated the significance of the freedom of speech and expression and emphasized that the restrictions must be narrowly tailored to specific concerns like public order, incitement to an offense, etc. The Court held that the State cannot prohibit a film just because it might be offensive to some viewers.
4. Secretary, Ministry of Information and Broadcasting v. Cricket Association of Bengal (1995): This case dealt with the right to information and the right to broadcast. The Court held that the right to know is implicit in the right to freedom of speech and expression. It emphasized that the right to information should not be curtailed except for compelling reasons.
5. Shreya Singhal v. Union of India (2015): This case focused on the right to freedom of speech and expression in the context of online communication. The Court struck down Section 66A of the Information Technology Act, 2000, which allowed for the arrest of individuals for posting offensive content online. The Court deemed the provision vague and overbroad, thus violating the freedom of speech.
6. Navtej Singh Johar v. Union of India (2018): While not directly related to Article 19, this case decriminalized consensual same-sex relationships. The judgment upheld the right to privacy (which is closely linked to Article 19) and emphasized that societal morality cannot be a valid ground to deny fundamental rights.
7. S. Khushboo v. Kanniammal (2010): This case dealt with freedom of speech in the context of moral policing and societal norms. The Court held that freedom of speech includes the right to express one's opinion about matters of public interest, even if they are considered unconventional or controversial.

 

These landmark judgments have played a pivotal role in shaping the understanding and application of Article 19 in the Indian legal landscape. They underscore the importance of fundamental freedoms in a democratic society and the necessity of balancing these freedoms with reasonable restrictions to maintain public order and protect the interests of the nation.

 

6. Challenges in the Digital Age:

 

In the digital era, Article 19 faces new challenges. With the advent of social media and the internet, the boundaries of expression and speech have expanded significantly. Issues like fake news, online harassment, and hate speech have raised complex questions about where the line should be drawn between freedom of expression and harm to society.

 

7. Conclusion:

 

Article 19 stands as a testament to the democratic ideals and aspirations of the Indian Constitution. It reflects the wisdom of the framers in recognizing that fundamental freedoms are the foundation of a just and equitable society. However, the interpretation and application of these rights require a delicate balance between individual liberty and the collective good. As India continues to evolve, Article 19 remains a guiding light, ensuring that the spirit of democracy and the rights of its citizens are upheld in all circumstances.

 

FAQ (Frequently Asked Questions)

 

1. Right to Freedom guaranteed by the constitution in which Article?

 

Ans: Article 19 to 22.

 

2. Right to freedom under Article 19 guarantees how many freedoms?

 

Ans: six freedoms. These are as follows:

 

i. Freedom of speech and expression.

ii. Freedom of assemble peacefully and without arms.

iii. Freedom to form associations.

iv. Freedom to move freely throughout the territory of India

v. Freedom to reside and settle in any part of the territory of India

vi. Freedom to practice any profession or to carry on any occupation, trade or business in India.

 

3. Initially Article 19 contained how many freedoms?

 

Ans: Initially Article 19 contained seven freedoms.

 

4. Which freedom under Article 19 was deleted by the 44^th Amendment Act of 1978?

 

Ans: Freedom to acquire, hold and dispose of property was deleted.

 

5. When can the Freedoms under Article 19 be suspended?

 

Ans: During emergency caused by war or external aggression.