Article 19.
Protection of certain rights regarding freedom of speech etc
(1) All citizens shall have the right
(a) To freedom of speech and expression;
(b) To assemble peaceably and without arms;
(c) to form associations or unions or co-operative societies
(d) To move freely throughout the territory of India;
(e) To reside and settle in any part of the territory of India; and
(f) right to property (44th amendment, 1978)
(g) to practise any profession, or to carry on any occupation, trade or business
FREEDOM OF SPEECH AND EXPRESSION – 19(1)(a) Reasonable Restrictions – 19(2)
All citizens shall have the right to freedom of speech and expression
Grounds for Reasonable restriction
1. Interests of sovereignty and integrity of India. (Added by 16th Amendment, 1963)
2. Security of the state;
3. Friendly relations with foreign states; (Added by 1st Amendment, 1951)
4. Public order; (Added by 1 Amendment, 1951)
5. Decency or morality;
6. Contempt of court;
7. Defamation;
8. Incitement to an offence;
FREEDOM OF SPEECH INCLUDES FREEDOM OF SILENCE
Bijoe Emmanuel v. State of Kerala (National Anthem Case) (1986)
FREEDOM OF THE PRESS UNDER FREEDOM OF SPEECH AND EXPRESSION
Brij Bhushan and Anr. V. State of Delhi (1950)
Romesh Thapper v. State of Madras (1950)
Order was issued under Section 9(1-A) of the Madras Maintenance of Public Order Act, 1949 Grounds:
Public order and Public Safety
Sakal papers v. Union of India (1961)
R.Rajgopal v. State of Tamil Nadu (Auto Shankar Case) (1994)
COMMERCIAL ADVERTISEMENT PART OF FREEDOM OF SPEECH?
Hamdard Dawakhana v Union of India (1960)
Tata Press v. MTNL (1995)
FREEDOM OF ASSEMBLY – 19(1)(b) Reasonable Restrictions – 19(3)
Grounds for Reasonable restriction
1. Public order
2. Maintenance of sovereignty and integrity of India.
The Assembly under 19(1)(b) should be peaceful and without arms. Section 141 of IPC defines what an
unlawful assembly is.
FREEDOM OF ASSOCIATION – 19(1)(c)
Reasonable Restrictions – 19(4)
Grounds for Reasonable restriction
1. Interests of the sovereignty and integrity of India
2. Public order
3. Morality
19(1)(cl guarantees freedom to form associations and co-operative Societies.
The right to form association also includes right to not be part of an association
The part with co operative societies was added by the 97th amendment together with PART IX-B
of constitution that talks about co-operative societies.
