Protection of Certain Rights Regarding Freedom of Speech, etc.

What is Article 19?

Article 19 is one of the important provisions under the Right to Freedom in Part III of the Indian Constitution. It protects certain freedoms of Indian citizens and provides a constitutional framework within which these freedoms can be exercised. The Article protects freedom of speech and expression, peaceful assembly without arms, forming associations or unions or co-operative societies, free movement throughout India, residing and settling in any part of India, and practising a profession or carrying on an occupation, trade or business. These freedoms are important, but they are not expressed as completely unrestricted rights. The Constitution itself allows the State to impose reasonable restrictions in specified circumstances. The restrictions are different for different freedoms and must be connected with the grounds specifically mentioned in Article 19. For example, freedom of speech and expression is subject to restrictions relating to matters such as the sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation and incitement to an offence. Similarly, the right to assemble peacefully may be subject to reasonable restrictions in the interests of the sovereignty and integrity of India or public order. The freedom to form associations can also be regulated on specified constitutional grounds. The freedoms of movement and residence may be subject to reasonable restrictions in the interests of the general public or for protecting the interests of Scheduled Tribes. The freedom to practise a profession or carry on a trade, occupation or business may also be regulated in the general public interest, including through requirements concerning professional or technical qualifications. Therefore, Article 19 establishes both individual freedoms and the constitutional framework for regulating those freedoms through specified reasonable restrictions.

Official Constitutional Text

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 (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 Explained in Simple Words

Article 19 is one of the important provisions under the Right to Freedom in Part III of the Indian Constitution. It protects certain freedoms of Indian citizens and provides a constitutional framework within which these freedoms can be exercised. The Article protects freedom of speech and expression, peaceful assembly without arms, forming associations or unions or co-operative societies, free movement throughout India, residing and settling in any part of India, and practising a profession or carrying on an occupation, trade or business. These freedoms are important, but they are not expressed as completely unrestricted rights. The Constitution itself allows the State to impose reasonable restrictions in specified circumstances. The restrictions are different for different freedoms and must be connected with the grounds specifically mentioned in Article 19. For example, freedom of speech and expression is subject to restrictions relating to matters such as the sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation and incitement to an offence. Similarly, the right to assemble peacefully may be subject to reasonable restrictions in the interests of the sovereignty and integrity of India or public order. The freedom to form associations can also be regulated on specified constitutional grounds. The freedoms of movement and residence may be subject to reasonable restrictions in the interests of the general public or for protecting the interests of Scheduled Tribes. The freedom to practise a profession or carry on a trade, occupation or business may also be regulated in the general public interest, including through requirements concerning professional or technical qualifications. Therefore, Article 19 establishes both individual freedoms and the constitutional framework for regulating those freedoms through specified reasonable restrictions.

Article 19 in Simple Words

Article 19 gives Indian citizens important freedoms, including freedom of speech and expression, peaceful assembly, forming associations, movement, residence and settlement, and practising a profession or carrying on a trade or business. These freedoms are subject to reasonable restrictions permitted by the Constitution.

Article 19 Example

Suppose a citizen wants to express an opinion on a public issue. Article 19(1)(a) protects freedom of speech and expression. However, the Constitution also permits reasonable restrictions on this freedom on the specific grounds mentioned in Article 19(2). Consider another situation where citizens want to organise a peaceful gathering without weapons. Article 19(1)(b) recognises the right to assemble peacefully and without arms. This right can also be subject to reasonable restrictions permitted under Article 19(3), including restrictions connected with public order. A different example concerns employment or business. A citizen may choose a profession or conduct a trade or business, but laws may prescribe professional or technical qualifications for certain professions and may regulate activities in the general public interest. These examples show that Article 19 protects important freedoms while also recognising that their exercise operates within a constitutional framework of specified restrictions.

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