Article 19 is an international human rights organisation that works to defend and promote freedom of expression and freedom of information worldwide. It was founded in 1987.
Article 19(1)(a) of the Constitution of India assures all its citizens the right to freedom of speech and expression.
The freedom of expression is regarded to be the mother of all other liberties. The fundamental requirement of liberty is the right to speak freely. It includes the freedom to express one’s thoughts and feelings without fear of retaliation. The right to free speech is widely regarded in modern times as the essence of a free society, and it must be protected at all times.
Article 19(1)(a) of the Constitution guarantees the right to express one’s thoughts and ideas on any topic through any medium (by words of mouth, writing, printing, picture, film, movie etc). It thus covers the freedom of expression as well as the right of the citizens of India to freely engage in their country’s social and political events.
This article guarantees to the Indian citizens the right to assemble peacefully anywhere without any weapon. This article includes the right to hold meetings and to take out processions.
Also, Some Restrictions or Exceptions are also mentioned in itself which can be found in Article19(3) which are as follows;
- To hold assembly on private property of others.
- The state can impose some restriction if they are reasonable, in the interest of public order and integrity of India.
- According to Sec 141 of Indian Penal Code, an assembly become unlawful if the common object of the person is:
- In resisting the execution of any law or legal process.
- To commit any mischief or criminal trespasses.
- In obtaining possession of any property by force.
- To compel a person to do which is not legally bound to do and omit what he is legally entitled to do.
Article 19 (1)(c)
The Article 19(1)( c) of the Indian Constitution states that all the citizens shall have the right to form associations or unions or Co-operative Societies.
The word Co-operative societies was inserted by 97th amendment 2011.
As per the sub-clause (c) nothing shall affect the operation of any existing law, or prevent the state from making any law imposing.
There are 2 reasonable restrictions according to it.
- Public order or morality
The sovereignty and integrity of India
Without the freedom of association, political parties shall not be formed for the functioning of the government. The right to form associations also includes the right to form companies, societies, partnership firms, trade unions, etc. Participation or the right to be the member should also be voluntary and not forced.
-by Saakshi Pawar
Article 19 (1)(d)
Freedom to Move Freely Throughout the Territory of India:
Article 19(1)(d) of the Indian Constitution entitles each citizen to move freely during the territory of the country.
This right is covered against most effective state action and not individuals.
Moreover, it is available handiest to the residents and to shareholders of a business enterprise however not to foreigners or legal individuals like companies or corporations, etc.
The freedom of motion has dimensions, viz, internal (right to move within the country) and external (right to move in a foreign country and right to return back again to the country).
Article 19 protects most effective the first dimension.
The 2nd dimension is dealt by Article 21 (Right to existence and private liberty).
Article 19 (1)(e)
According to Article 19(1 )(e) every citizen of India has the right “to reside and settle in any part of the territory of India.” However, under clause (5) of Article 19 reasonable restriction may be imposed on this right by law in the interest of the general public or for the protection of the interest of any Scheduled Tribe.
The object of the clause is to remove internal barriers within India or any of its parts. The words “the territory of India’ as used in this Article indicate freedom to reside anywhere and in any part of the State of India. It is to be noted that the right to reside and right to move freely throughout the country are complementary and often go together. Therefore most of the cases considered under Article 19(1)(d) are relevant to Article 19(l)(e) also.
This right is subject to reasonable restrictions imposed by law in the interest of general public or for the protection of the interests of any Scheduled Tribes. Thus where a prostitute, under the Suppression of Immoral Traffic in Women and Girls Act, 1956, was ordered to remove herself from the limits of a busy city or the restriction was placed on her movement and residence, it was held to be a reasonable restriction.
Article 19(1)(g) of our Indian Constitution provides an individual with the right to practise any profession, or to carry on any occupation, trade or business.
But there are certain reasonable restrictions imposed by the State.
As per 19(6), the State may:
- Ascertain the qualifications for the professional or technical field, necessary to carry out any occupation, trade or business.
- Keep it up any trade, business, industry or service, by itself or through an organisation controlled by the State – to the exclusion of personal citizens, wholly or partially.
-by Priyanka Sharma