ARTICLE 19 :

• Article 19 guarantees to all citizens the six rights. These are:

i. Right to freedom of speech and expression.

ii. Right to assemble peaceably and without arms.

iii. Right to form associations or unions or co-operative societies.

iv. Right to move freely throughout the territory of India.

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

vi. Right to practice any profession or to carry on any occupation, trade or business.

• Originally, Article 19 contained seven rights. But, the right to acquire, hold and dispose of property was deleted by the 44th Amendment Act of 1978. These six rights are protected against only state action and not private individuals. Moreover, these rights are available only to the citizens and to shareholders of a company but not to foreigners or legal persons like companies or corporations, etc. 

FREEDOM OF SPEECH :

• Freedom of Speech and Expression It implies that every citizen has the right to express his views, opinions, belief and convictions freely by word of mouth, writing, printing, picturing or in any other manner. The Supreme Court held that the freedom of speech and expression includes the following:

1. Right to propagate one’s views as well as views of others.

2. Freedom of the press.

3. Freedom of commercial advertisements.

4. Right against tapping of telephonic conversation.

5.  Right to telecast, that is, government has no monopoly on electronic media.

6. Right against bundh called by a political party or organisation.

7. Right to know about government activities.

8. Freedom of silence.

9. Right against imposition of pre-censorship on a newspaper.

10. Right to demonstration or picketing but not right to strike.

FREEDOM OF ASSEMBLY :

• Freedom of Assembly Every citizen has the right to assemble peaceably and without arms. It includes the right to hold public meetings, demonstrations and take out processions.

• This freedom can be exercised only on public land and the assembly must be peaceful and unarmed. This provision does not protect violent, disorderly, riotous assemblies, or one that causes breach of public peace or one that involves arms. This right does not include the right to strike. 

• The State can impose reasonable restrictions on the exercise of right of assembly on two grounds, namely, sovereignty and integrity of India and public order including the maintenance of traffic in the area concerned. 

• Under Section 144 of Criminal Procedure Code (1973), a magistrate can restrain an assembly, meeting or procession if there is a risk of obstruction,annoyance or danger to human life, health or safety.

SECTION 141 :

• Under Section 141 of the Indian Penal Code, as assembly of five or more persons becomes unlawful if the object is

a) to resist the execution of an law or legal process;

b) to forcibly occupy the property of some person;

c) to commit any mischief or criminal trespass;

d)  to force some person to doan illegal act; and

e) to threaten the government or its officials on exercising lawful powers.

FREEDOM OF ASSOCIATIONS :

• All citizens have the right to form associations or unions or co-operative societies1. It includes the right to form political parties, companies, partnership firms, societies, clubs, organisations, trade unions or any body of persons.

• It not only includes the right to start an association or union but also to continue with the association or union as such. Further, it covers the negative right of not to form or join an association or union.

• Reasonable restrictions can be imposed on the exercise of this right by the State on the grounds of sovereignty and integrity of India, public order and morality.

 

 

FREEDOM OF MOVEMENT :

• Freedom of Movement This freedom entitles every citizen to move freely throughout the territory of the country. He can move freely from one state to another or from one place to another within a state. This right underline the idea that India is one unit so far as the citizens are concerned. 

• The grounds of imposing reasonable restrictions on this freedom are two, namely, the interests of general public and the protection of interests of any scheduled tribe.

•  The entry of outsiders in tribal areas is restricted to protect the distinctive culture, language, customs and manners of scheduled tribes and to safeguard their traditional vocation and properties against exploitation. 

•  The Supreme Court held that the freedom of movement of prostitutes can be restricted on the ground of public health and in the interest of public morals.

•  The freedom of movement has two dimensions, viz, internal (right to move inside the country) and external (right to move out of the country and right to come back to the country). Article 19 protects only the first dimension. The second dimension is dealt by Article 21 (right to life and personal liberty).

FREEDOM OF RESIDENCE :

• This right has two parts: (a) the right to reside in any part of the country, which means to stay at any place temporarily, and (b) the right to settle in any part of the country, which means to set up a home or domicile at any place permanently. 

• The State can impose reasonable restrictions on the exercise of this right on two grounds, namely, the interest of general public and the protection of interests of any scheduled tribes. The right of outsiders to reside and settle in tribal areas is restricted to protect the distinctive culture, language, customs and manners of scheduled tribes and to safeguard their traditional vocation and properties against exploitation.

• In many parts of the country, the tribals have been permitted to regulate their property rights in accordance with their customary rules and laws.

FREEDOM OF PROFFESSION :

• Freedom of Profession, etc. All citizens are given the right to practise any profession or to carry on any occupation, trade or business.

• This right is very wide as it covers all the means of earning one’s livelihood. The State can impose reasonable restrictions on the exercise of this right in the interest of the general public. Further, the State is empowered to:

a) prescribe professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business; and

b) carry on by itself any trade, business, industry or service whether to the exclusion (complete or partial) of citizens or otherwise.

ARTICLE 20 - PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES :

• Article 20 grants protection against arbitrary and excessive punishment to an accused person, whether citizen or foreigner or legal person like a company or a corporation. It contains three provisions in that direction:

a) No ex-post-facto law: No person shall be (i) convicted of any offence except for violation of a law in force at the time of the commission of the act, nor (ii) subjected to a penalty greater than that prescribed by the law in force at the time of the commission of the act

b) No double jeopardy: No person shall be prosecuted and punished for the same offence more than once.

c) No self-incrimination: No person accused of any offence shall be compelled to be a witness against himself.

ARTICLE 21 - PROTECTION OF LIFE AND PERSONAL LIBERTY :

• Article 21 declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. This right is available to both citizens and non-citizens.

• It has declared the following rights as part of Article 21:

1. Right to live with human dignity.

2. Right to decent environment including pollution free water and air and protection against hazardous industries.

3. Right to livelihood.

4. Right to privacy.

5. Right to shelter.

6. Right to health.

7. Right to free education up to 14 years of age.

8. Right to free legal aid.

9. Right against solitary confinement.

10. Right to speedy trial.

11. Right against handcuffing.

12. Right against inhuman treatment.

13. Right against delayed execution.

14. Right to travel abroad.

15.  Right against bonded labour.

16.  Right against custodial harassment.

17.  Right to emergency medical aid.

18. Right to timely medical treatment in government hospital.

19. Right not to be driven out of a state.

20. Right to fair trial.

21. Right of prisoner to have necessities of life.

22. Right of women to be treated with decency and dignity.

23. Right against public hanging.

24. Right to hearing.

25. Right to information.

26. Right to reputation.

27. Right of appeal from a judgement of conviction

28. Right to social security and protection of the family

29. Right to social and economic justice and empowerment

30. Right against bar fetters

31. Right to appropriate life insurance policy

32. Right to sleep

33. Right to freedom from noise pollution

34. Right to electricity

RIGHT TO EDUCATION :

• Article 21 A declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may determine.

• This provision was added by the 86th Constitutional Amendment Act of 2002. The government described this step as ‘the dawn of the second revolution in the chapter of citizens’ rights’.

• Even before this amendment, the Constitution contained a provision for free and compulsory education for children under Article 45 in Part IV.

• It also added a new fundamental duty under Article 51A that reads ‘It shall be the duty of every citizen of India to provide opportunities for education to his child or ward between the age of six and fourteen years’.

• In pursuance of Article 21A, the Parliament enacted the Right of Children to Free and Compulsory Education (RTE) Act, 2009.

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