Article 19
By-
Adv. Chand Kubba
Introduction
• Article 19 is one of the most imperative articles embodying the “basic freedoms”
necessary for the objective sought to be achieved by the Fundamental Rights.
• In the case of State of West Bengal v. Subodh Gopal Bose, AIR 1954 SC 92, 95.
the Court recognized these freedoms as the ‘natural rights inherent in the status
of a citizen’.
• However, Reasonable restrictions are imposed on enjoyment of rights
contained in Article 19. Restrictions on these rights should only be on the
grounds mentioned in Article 19 and not on any other grounds.
• Clauses 2 to 6 of Article 19 authorises the State to impose ‘reasonable’
restrictions on the exercise of right provided in earlier clause by enactment of
appropriate legislation.
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;
Article 19 c) to form associations or unions;
d) to move freely throughout the territory of India;
e) to reside and settle in any part of the territory of
India; and
f) Omitted
g) to practise any profession, or to carry on any
occupation, trade or business
2) Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any
existing law, or prevent the State from making any law, in so far as such law
imposes reasonable restrictions on the exercise of the right conferred by the
said sub clause in the interests of the sovereignty and integrity of India, the
security of the State, friendly relations with foreign States, public order,
decency or morality or in relation to contempt of court, defamation or
incitement to an offence
3)Nothing in sub clause (b) of the said clause shall affect the operation of any
existing law in so far as it imposes, or prevent the State from making any law
imposing, in the interests of the sovereignty and integrity of India or public
order, reasonable restrictions on the exercise of the right conferred by the said
sub clause.
4) Nothing in sub clause (c) of the said clause shall affect the operation of any existing law in so far
as it imposes, or prevent the State from making any law imposing, in the interests of the
sovereignty and integrity of India or public order or morality, reasonable restrictions on the
exercise of the right conferred by the said sub clause
5) Nothing in sub clauses (d) and (e) of the said clause shall affect the operation of any existing
law in so far as it imposes, or prevent the State from making any law imposing, reasonable
restrictions on the exercise of any of the rights conferred by the said sub clauses either in the
interests of the general public or for the protection of the interests of any Scheduled Tribe
6) Nothing in sub clause (g) of the said clause shall affect the operation of any existing law in
so far as it imposes, or prevent the State from making any law imposing, in the interests of
the general public, reasonable restrictions on the exercise of the right conferred by the said
sub clause, and, in particular, nothing in the said sub clause shall affect the operation of any
existing law in so far as it relates to, or prevent the State from making any law relating to,
i) the professional or technical qualifications necessary for practising any profession or
carrying on any occupation, trade or business, or
ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any
trade, business, industry or service, whether to the exclusion, complete or partial, of citizens
or otherwise
Article 19(1)(a)
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
Objectives of Article 19(1)(a)
Freedom of Expression as under Article 19(1)(a) of the Constitution seeks to
achieve following objectives-
a) Societal Good: Freedom of expression as to opinions and ideas without
hindrance, and any apprehension plays a significant role in the development
of an individual, a particular society and ultimately that of a State.
b) Individual Development : Free Speech is a primary aspect of each individual’s
right to development. Any restriction inhibit our personality and its growth.
Freedom of speech is vital to full-fledged development of personality.
c)Ensures democratic value: The freedom of speech and expression is essential
for the proper functioning of the democratic processes in a country. This liberty
of speech and expression opens up rooms of free discussion. Freedom of speech
plays a crucial role in the formation of public opinion on social, political and
economic matters.
d)Safeguards pluralism: Freedom of Speech imitates and reinforces pluralism
and confirms that diversity is substantiated and promoted.
Article 19 (1) (a)
• The vantage point behind this Article lies in the Preamble of the Constitution,
wherein we find a solemn resolve being made to secure to all its citizen, liberty
of thought and expression.
• The freedom of speech is regarded as the primary condition of liberty.
• It is one of the vital fundamental liberties guaranteed against state suppression
or regulation.
• This right is available only to a citizen of India and not to foreign nationals.
• It is the right to express one’s opinion freely devoid of distress through
oral/written/electronic/broadcasting/press.
• The expression ‘freedom of speech and expression’ has a wide connotation. It is
inclusive of the freedom of the propagation of ideas, their publication and
circulation and a lot more.
• Judicial Pronouncements have widened the scope of Article 19 (1)(a) by including in
it the following dimensions-
a) Freedom of Press
b) Freedom of Commercial Speech
c) Right to Broadcast
d)Right to Information
e) Right to Criticize
f) Right to expression beyond national boundaries
g) Right not to speak or Right to silence is also
included in the Right to Speech and Expression.
Maneka Gandhi v. Union of India
• It was held by the Court that Freedom of Speech and Expression has no
geographical limitation.
• It is inclusive of the right of a citizen to gather information and to exchange
thought with others not only in India but in foreign land as well.
Freedom of Press
• Democracy thrives through vigilant eye of Legislature, care and guidance of public
opinion and press par excellence.
• Freedom of speech include right to propagate one’s views through print media or any
other communication channel e.g radio, television subject to reasonable restrictions
imposed under Article 19(2).
• There is no special/ specific reference to the Freedom of Press in Indian Constitution.
• However, the word expression covers the Press. In the contemporary times, it covers
the blogs and websites too.
Bennett Coleman& Co v. Union of India (1972)
• In this case the Supreme Court held that the freedom of the press
personifies the person’s right to free speech and expression.
• It was observed that- “Freedom of the press is both qualitative and
quantitative. Freedom lies both in circulation and in content.”
Romesh Thappar v. State of Madras
(1950 SCR 594)
• It was amongst the earliest cases to be decided by the Supreme Court which
declared freedom of press as a part of freedom of speech and expression.
• Patanjali Sastri, J., observed that-
“Freedom of Speech and of Press lay at the foundation of all democratic
organizations, for without free political discussion, no public education, so
essential for the proper functioning of the process of Government, is possible.”
Indian Express v. Union of India,(1985) 1
SCC 641
• The Court held that the Press plays a very momentous role in the democratic
machinery.
• It is duty of Judiciary to uphold the freedom of press and invalidate all laws and
administrative actions that do away or attempts to do away that freedom.
• Freedom of Press is inclusive of-
a) Freedom of publication
b) Freedom of circulation
c) Freedom against pre-censorship.
Freedom of Commercial speech
• Public at large are benefited by the information made available through
the advertisements.
• In a democratic economy, an undisturbed flow of commercial information
is pertinent.
Tata Press Ltd. Vs. Mahanagar Telephone
Nigam Ltd.
• The Supreme Court held that a commercial advertisement or commercial
speech was also a part of the freedom of speech and expression, which
would be restricted only within the limitation of Article 19(2).
• The Supreme Court held that advertising, which is no more than a
commercial transaction, is nonetheless dissemination of information
regarding the product advertised.
Right to Broadcast
• The idea of Speech and Expression has evolved with the progress
of technology and includes all available means of expression and
communication.
• It includes the electronic and the broadcast media.
Odyssey Communications (P) Ltd .v.
Lokvidayan Sanghatana
• The Supreme Court held that a citizen’s right to exhibit films on Doordarshan
which is a State’s channel is part of the fundamental right guaranteed under
Article 19(1) (a).
• The petitioners contested the exhibition on Doordarshan of a serial titled “Honi
Anhonion” on the ground that it was superstitious and promoted blind faith
amongst viewers.
• The petitioner failed to show evidence of prejudice to the public and the petition
was dismissed .
Right to information
• The freedom of 'speech and expression' comprises not only the right to express,
publish and propagate information, it circulation but also to receive information.
• The right to obtain information and disseminate it is a vital fundamental right.
• The citizen’s right to information ranges from advertisements enabling the citizens to
get vital information about life-saving drugs, to the right of voters to know of electoral
candidates etc.,
• In India, we have the Right to Information Act, 2005 stipulates a citizen’s right to secure
access to information under the control of public authorities.
State of U.P v. Raj Narain (1975)
• The Apex Court observed in this case that the right to information stems from
the concept of freedom of speech and expression and it is fundamental in
order to make an aware choice.
• The Court further held that India being a democratic state, the citizens have a
right to know every public act, everything that is done in a public way, by their
public functionaries. It is interplay of public awareness and transparency and
accountability on part of government that good governance can prevail.
Union of India v. Assn. for
Democratic Reforms (2002)
• It was held in this case that one-sided information, disinformation,
misinformation and non information, all equally create an uninformed citizenry
which makes democracy a farce.
• Freedom of speech and expression is inclusive of right to impart and receive
information which includes freedom to hold opinions.
Right to Criticize
• Freedom to Free Speech and Expression includes a fundamental right of a citizen to
form his opinion on any issue of general concern.
• Condemnation of government policies is not a ground for restricting expression.
Right to silence
• Right to speech embodied in Article 19 (1) (a) includes the right to not
speak or the right to remain silent.
Bijoe Emmanuel v. State of Kerala (1986)
• In the concerned case, the Supreme Court upheld the right to silence of three children who
were expelled from school because they refused to sing the National Anthem during school
assembly.
• The Court observed in this case that nobody can be compelled to sing the National Anthem
if he has genuine conscientious objections based on his religious belief.
Reasonable restrictions on the right
to free speech and expression
• The right to free speech and expression is a qualified right and is subject to
reasonable restrictions laid in Article 19 (2).
• As per Article 19(2), restrictions can be imposed upon the freedom of speech
and expression on the following grounds-
a) sovereignty and integrity of India,
b) the security of the state,
c) friendly relations with foreign states,
d) public order, decency or morality, or
e) in relation to contempt of court,
f) defamation, or
g) incitement to an offence
• The abovementioned 8 restrictions were embodied in same way in the
constitution First Amendment Bill 1951.
• The restrictions imposed must be reasonable.
• The harsher the restriction, heavier is the onus upon the State to prove the
reasonableness to the satisfaction of the Court.
S. Rengarajan and Ors. v/s P. Jagjivan Ram
(1989)
• It was held by the Supreme Court that the freedom guaranteed under Article
19(1)(a) can be reasonably restricted only for the purposes mentioned in
the Article 19(2).
• The restrictions under it must be justified on the anvil of necessity and not
the quicksand of convenience or expediency.
Security of State
• Security of state is important and a government must have authority to impose a
restriction on any activity affecting it.
• In the interest of the Security of State, as per Article 19(2) reasonable restrictions can
be imposed on freedom of speech and expression.
• The term ‘Security of State’ is different from ‘Public Order’.
• “Security of the state” means only serious and aggravated forms of public order
e.g. rebellion, waging war against the State, insurrection and not ordinary breaches
of public order and public safety, e.g. unlawful assembly, riot, affray.
Santosh Singh v. Delhi Administration
AIR 1973 SC 1091
• In this case the Court observed that an act of giving a speech which tends to
overthrow the State can be made punishable.
Friendly relations with foreign states
• In these contemporary times, in a global world, a country has to maintain a
good and friendly relationship with other countries in order to develop by leaps
and bounds. And anything which has the potential to affect such relationship
should be monitored by the government.
• This ground was added by the constitution (First Amendment) Act, 1951.
• The object behind the provision is prohibit unrestrained malicious propaganda
against a foreign friendly state, which may jeopardize the maintenance of good
relations between India and that state.
The State can impose reasonable restrictions on the freedom of speech and
expression, if it hampers the friendly relations of India with other State or States.
• This ground was criticized that in furtherance of this ground one cannot
denounce the Government’s Foreign Policy.
Public Order
• This ground was added by the Constitution (First Amendment) Act, 1951 in order to meet the
situation arising from the Supreme Court's decision in Romesh Thapar’s, case (AIR 1950 SC
124).
• ‘Public order’ is an expression of wide connotation and signifies “that state of tranquility which
prevails among the members of political society as a result of internal regulations enforced by
the Government which they have established.”
• Mere criticism of the government does not imply disturb public order.
• Example- A law punishing the deliberate utterances which hurts the religious
feelings of any class has been held to be valid and reasonable restriction aimed
at maintaining the public order.
• Public order also includes public safety.
Decency or morality
• The way of putting out an idea an opinion in public sphere should be a decent one.
• It should not affect the morality of society adversely. Our constitution considered
and inserted decency and morality as a ground.
• The scope of words ‘morality or decency’ is wide.
• Sections 292 to 294 of the Indian Penal Code provide instances of restrictions on the
freedom of speech and expression in the interest of decency or morality.
• These sections prohibit the sale or distribution or exhibition of obscene words, etc.
in public places.
• No straight jacket formula is laid down as to what is immoral and
indecent. The standard of morality varies from time to time and from
place to place.
Contempt of Court
• Judiciary is an important wing in a democratic State. Considering that it is
essential to respect the institution and its order. Thus, restriction on the
freedom of speech and expression can be imposed if it exceeds the reasonable
and fair limit and amounts to contempt of court.
• The expression Contempt of Court has been defined Section 2 of the Contempt
of Courts Act, 1971. The term contempt of court refers to civil contempt or
criminal contempt under the Act.
• In 2006, Indian contempt law was amended to make “truth” a defence.
• But even after such amendment, a person can be punished for the statement
unless they were made in public interest.
• Articles 129 & 215 of the Constitution empowers the Supreme Court and the
High Courts respectively to punish for their respective contempt.
Indirect Tax Practitioners Assn. vs R.K.Jain
• In this case, it was held by court that-
“Truth based on the facts should be allowed as a valid defence if courts are
asked to decide contempt proceedings relating to contempt proceeding relating
to a speech or an editorial or article”.
Defamation
• A person is known by his reputation at par with his wealth, family background,
achievement etc., another’s reputation which is protected under Article 21 of the
constitution.
• A statement, which injures a man’s reputation, amounts to defamation.
Defamation consists in exposing a man to hatred, ridicule, or contempt.
• Defamation is a crime in India as per Section 499 and 500 of the I.P.C.
• Truth is a ground of defence against defamation, but the defence would help only
if the statement was made ‘for the public good.’ and that is a question of fact to
be assessed by the judiciary
• In Constitution, Defamation is considered as a ground to put restriction on
freedom of speech.
Printers Mysore v. Assistant Commissioner Law
Officer, JT (1994) ISC 692
• The Court observed that that the Press is also subject to the defamation law.
Incitement to an offense
• The word ‘offense’ is defined as any act or omission made punishable by law for
the time being in force
• This ground was added by the Constitution (First Amendment) Act, 1951.
• Freedom of speech and expression cannot confer a right to incite people to
commit offense.
• The Constitution forbids a person from making any statement that may incite
people to commit offence.
Sovereignty and integrity of India
• Maintenance of State’s sovereignty and integrity is the one of the prime
duties of the government.
• Taking this in consideration, freedom of speech and expression can be
restricted in a way as not to permit anyone to challenge sovereignty or to
permit anyone to preach something which will result in threat to integrity of
the country.
• This ground of imposition of restriction of the right to freedom of speech and
expression was added by the 16th Amendment Act in 1963.
Conclusion
• The right of freedom of Speech and Expression is one of the most basic pre
requisite of a healthy, open minded individual and flourishing democracy .
• This right is available specifically only to Indian citizen.
• Various International Conventions like Universal Declaration of Human
Rights, International convention on Civil and Political Rights have enlisted
the Right to Freedom of Speech and Expression in the Charters.
• The scope of Article 19 (1)(a) has grown wide as a result of progressive
judicial decisions.
