🔵 ARTICLE 19: Six Fundamental Freedoms
Who gets this?
✅ Only Indian citizens (not foreigners) can enjoy these freedoms.
✅ Even companies formed by citizens can claim protection under Article 19 (R.C. Cooper case).
🚩 Six Freedoms under Article 19:
Every citizen has these 6 rights:
Clause | Freedom |
---|---|
19(1)(a) | 🗣️ Freedom of Speech and Expression |
19(1)(b) | ✊ Freedom to Assemble Peacefully without Arms |
19(1)(c) | 🤝 Freedom to Form Associations, Unions or Co-operatives |
19(1)(d) | 🚶 Freedom to Move Freely across India |
19(1)(e) | 🏠 Freedom to Reside and Settle anywhere in India |
19(1)(g) | 💼 Freedom to Practise Profession / Business / Trade |
🗣️ 1. Freedom of Speech and Expression [19(1)(a)]
You can express your views by:
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Speaking, writing, printing, drawing, etc.
✅ Includes:
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Right to share your own and others' views
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Freedom of press
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Commercial advertisements
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Right to know about govt. activities
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Right to telecast (Govt. has no media monopoly)
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Right to be silent (can choose not to speak)
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No phone tapping without valid reason
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No pre-censorship of newspapers
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Peaceful demonstration/picketing (🚫 but not strike)
🚫 Reasonable Restrictions (under Article 19(2)) for:
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Sovereignty & integrity of India
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Security of the State
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Friendly relations with foreign states
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Public order
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Decency or morality
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Contempt of court
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Defamation
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Incitement to offence
✅ Scope of Article 19(1)(a) – Includes:
1. Right to Know
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Citizens have a right to know what govt. is doing.
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It promotes transparency & accountability in democracy.
2. Right to Know Election Candidates’ Background
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In Union of India v. Association for Democratic Reforms case:
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SC said voters have the right to know candidates’ assets, education, and criminal record.
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Election Commission was told to make this info public.
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3. Right to Silence
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In Bijoe Emmanuel v. State of Kerala:
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3 kids from Jehovah's Witnesses religion didn’t sing the National Anthem (but stood respectfully).
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SC said: Right to NOT speak is also part of Freedom of Speech.
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Their school expulsion was invalid.
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✊ 2. Freedom of Assembly [19(1)(b)]
You can assemble peacefully without arms, for:
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Meetings, protests, processions on public land (not private)
🚫 Restrictions allowed for:(under Article 19(3))
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Sovereignty & integrity of India
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Public order (e.g., traffic, peace)
⚖️ Legal Limits:
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CrPC Section 144: Magistrate can stop gatherings if danger to peace, safety, or health.
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IPC Section 141: Assembly of 5+ becomes unlawful if it:
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Resists law
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Occupies property forcefully
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Commits mischief or trespass
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Forces someone to do an illegal act
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Threatens govt. officers
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🚫 Right to strike is not included under this Article.
🤝 3. Freedom of Association [19(1)(c)]
You can form/join/leave:
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Political parties, unions, clubs, co-operative societies, NGOs, companies, etc.
✅ Also includes negative right: You can refuse to join any group.
🚫 Restrictions allowed for: (under Article 19(4))
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Sovereignty and integrity
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Public order
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Morality
⚠️ NO guaranteed right to:
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Strike
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Collective bargaining
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Lock-outs
(These are governed by industrial laws, not directly protected under Article 19)
🚶 4. Freedom of Movement [19(1)(d)]
You can move freely:
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From one place to another within India
💡 It helps promote national unity, not narrow regionalism.
🚫 Restrictions allowed:(under Article 19(5))
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In public interest
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To protect Scheduled Tribes
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Entry of outsiders may be limited in tribal areas to protect:
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Culture
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Language
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Property
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🧑⚖️ SC: Movement of prostitutes or AIDS patients can be restricted on health/moral grounds
🔄 Dimensions of movement:
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Internal → Move within India (Protected under Article 19)
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External → Go abroad and return (Protected under Article 21, not Article 19)
🏠 5. Freedom of Residence [19(1)(e)]
You can:
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Reside anywhere in India temporarily
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Settle anywhere permanently
🎯 Promotes national integration, discourages regional barriers.
🚫 Restrictions allowed:(under Article 19(5))
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In public interest
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To protect Scheduled Tribes
💡 Tribals can restrict land ownership and property under customary laws.
🧑⚖️ SC: Prostitutes or habitual offenders can be banned from certain areas.
💼 6. Freedom of Profession [19(1)(g)]
You can:
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Do any job, run a business, or pursue any occupation/trade
✅ Very broad – includes all ways to earn your living.
🚫 Restrictions allowed in:(under Article 19(6))
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Public interest
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Health, morality, safety
Govt. can:
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Set qualifications (e.g., for doctors, engineers)
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Create state monopolies (ex: liquor sale, railways)
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Exclude private players fully or partially
⚠️ No right to do illegal or immoral work like:
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Trafficking
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Drugs, explosives
Govt. can fully ban or regulate these with licenses.
✅ ARTICLE 19: Related Issues
🔹 6.8.9.1. Freedom of Press in India
✅ Key Point:
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India does not have a separate article for press freedom like the USA.
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But Supreme Court has said that press freedom is part of Article 19(1)(a) – freedom of speech & expression.
🔍 Important Cases:
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Sakaal Papers v. Union of India: Freedom of press is under Article 19(1)(a).
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Brij Bhushan Case: No prior censorship is allowed on press. Media can publish freely without asking permission.
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Indian Express Case: Freedom of press includes:
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Right to information
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Right to publish
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Right to circulate
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🏛️ Legal & Institutional Support:
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Prasar Bharati Act, 1997: Gave autonomy to Doordarshan & All India Radio – now they can criticize the government if needed.
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Press Council of India (PCI), 1966: A body to regulate print media (like newspapers, magazines).
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Chaired by retired SC judge (by tradition)
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28 members: 20 from media, 5 MPs, 3 from UGC, Sahitya Akademi, Bar Council.
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✍️ NCRWC Recommendation:
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Freedom of press should be explicitly written in Constitution, not just implied.
🔹 6.8.9.2. Control of Social & Broadcast Media
✅ Present Situation:
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Media wants self-regulation (i.e., regulate themselves).
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But self-regulation may become no regulation, leading to fake news, hate speech, etc.
📌 Legal Basis:
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Media takes protection under:
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Article 19(1)(a) – freedom of speech
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Article 19(1)(g) – freedom to do profession/business
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But these rights are not absolute. Media is not just a business, it has a social responsibility.
🌍 International Context:
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Levenson Report (UK): Media should have regulation to stop misuse.
🔹 6.8.9.3. Civil Servants and Freedom of Speech
✅ Supreme Court View:
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Civil servants have limited freedom of speech.
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Discipline in services is more important.
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Service rules can limit their speech, even if not mentioned in Article 19(2).
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Why? To make sure civil servants remain neutral, efficient.
❌ But this rule doesn’t apply to elected representatives (MLAs, MPs) because they represent the people.
🔴 1. Section 66A of IT Act
Introduced: 2008 (in the IT Act)
Purpose: Punish those who send "offensive" or "menacing" messages online
Punishment: Up to 3 years in jail + fine
Problem: The law didn’t define what "offensive" or "menacing" means ➤ very vague
🔹 Misuse Examples:
Arrests of people for criticizing the govt on social media
Blocking of websites by Internet Service Providers (ISPs) in 2011
🔹 Supreme Court Judgment (2015):
Shreya Singhal v. Union of India
SC struck down Section 66A as unconstitutional:
Violates freedom of speech (Art. 19(1)(a))
Too vague, arbitrary, and disproportionate
Did not strike a balance with reasonable restrictions
🔹 What SC upheld:
Sections 69A and 79 of IT Act were not struck down:
69A ➤ Govt can block websites in some cases
79 ➤ Protects intermediaries (like Facebook, YouTube)
🔹 SC’s view on free speech:
Discussion and criticism are okay
Only when speech incites violence or public disorder, it can be restricted
🔹 6.8.9.4. Sedition (Section 124A IPC)
✅ Definition:
Sedition = Acts (words/signs/writing) that bring hatred or disaffection against Government of India.
⚖️ Punishment:
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Life imprisonment or up to 3 years + fine.
🧓 History:
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A British-era law used to silence freedom fighters like Tilak, Gandhi.
⚖️ Supreme Court Views:
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Kedar Nath Singh (1962):
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Section 124A is valid, but must be used only when violence or public disorder is involved.
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Criticizing govt. is NOT sedition unless it causes violence or threatens the state.
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Romesh Thapar, Kanhiya Kumar Case: Sedition = Only when:
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Public order is disturbed
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Attempt to overthrow the govt. by force
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Threat to national security
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📑 Law Commission View:
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Sedition law should not be misused to curb dissent.
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Use only when there is violent intent or public disorder.
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Dissent and criticism are part of democracy.
🛠️ Way Forward:
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Add SC guidelines to the IPC law via amendment.
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Educate police on when to use or not use sedition.
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Govt should also face penalty if it misuses the sedition law.
🔹 6.8.9.5. Hate Speech
✅ Definition (Law Commission):
Speech that promotes hatred or violence based on religion, caste, gender, language, etc.
💡 T.K. Viswanathan Committee:
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Recommended strict punishment for hate speech.
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Hate speech should be added to IPC not IT Act.
📌 Suggestions:
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Add Section 153C: Hate speech online
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Add Section 505A: Fear, alarm, or violence through identity-based speech
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Create Cyber Crime Coordinators & Cells in each district/state
⚠️ Concerns:
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Definitions are too vague like “offensive, abusive, etc.” – can lead to misuse like old Section 66A.
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Need to check:
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Who said it (author status)
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Who it is against (victim status)
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What is the likely impact
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🏛️ SC in Pravasi Bhalai Sangathan (2014):
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Hate speech must be seen with right to equality.
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Need stricter rules to stop India from being just procedural democracy to substantive democracy.
🔹 6.8.9.6. Defamation (Sections 499–500 IPC)
✅ What is Defamation?
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Saying or writing something that harms someone’s reputation.
⚖️ Punishment:
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Upto 2 years jail, fine, or both.
🏛️ SC in 2016:
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Criminal defamation is valid, doesn't violate Article 19.
📌 Why it should be kept:
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Right to reputation = part of Article 21.
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Editors must take responsibility for what they publish.
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Existing exceptions allow fair criticism.
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Civil compensation alone not enough for damage done.
📌 Why it should be removed:
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Used to harass journalists, critics.
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Govt misuses it to stop free speech.
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Criminal process itself is punishment – time, lawyers, pressure.
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Global trend: Decriminalizing defamation (Sri Lanka, UN also recommend this).
🔹 6.8.9.7. Banning of Films and Books
✅ Issue:
Some groups protest films/books claiming they hurt sentiments → leads to ban by government.
But this goes against freedom of expression.
🏛️ Supreme Court View:
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If Censor Board has cleared a film/book, it should be allowed.
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Govt should control law & order, not ban art.
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Minority view should not dominate majority rights.
🔹 6.8.9.8. Right to Access Internet
✅ Recent Cases:
Petitions in SC after internet shutdown in Jammu & Kashmir.
🧾 Legal Provisions:
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Shutdown powers under:
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IT Act 2000
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CrPC Section 144
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Telegraph Act, 1885
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New Rules 2017 (Suspension of Telecom Services Rules):
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Internet can be suspended for public emergency
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Only Home Secretary (Centre/State) can issue order
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Must be temporary
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Reviewed within 5 days
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⚖️ SC Verdict:
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Internet = part of freedom of speech (Art 19(1)(a)) and profession (Art 19(1)(g))
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Shutdown must follow Doctrine of Proportionality
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Restriction should be minimum necessary
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Must be justified, temporary, and reviewable
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📉 Impact:
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India had 381 shutdowns, 106 in 2019 alone
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Huge economic loss – $1.3 billion in 2019
❌ Criticism:
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No solid proof that shutdowns stop protests
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Violates fundamental rights: speech, trade, health, education
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Creates panic and blackout
🌐 UN Resolution (2016):
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Internet shutdown = violation of human rights
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Same rights online as offline
🔹 6.8.9.9. Caste Rallies
✅ Article 19(1)(b):
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Right to peaceful assembly
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But Article 19(3) allows restriction in interest of:
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Public Order
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Sovereignty & Integrity
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⚖️ Allahabad HC (2013):
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Banned caste rallies as they disturb public order
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But this is controversial – may violate Article 19(1)(b)
🔹 6.8.9.10. Right to Strike (Govt. Officials)
✅ Trade Unions:
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Right to strike is allowed under Industrial Disputes Act
❌ Govt Employees:
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Do not have fundamental right to strike
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Essential Services Maintenance Act (ESMA) can be used to force end of strike
🏛️ SC in T.K. Rangarajan Case:
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Govt servants cannot strike – it’s not a fundamental right
✅ FINAL TAKEAWAY FOR UPSC:
Topic | Constitutional Article | UPSC Angle |
---|---|---|
Press Freedom | Article 19(1)(a) | Landmark cases, PCI, Prasar Bharati |
Social Media Regulation | 19(1)(a), 19(1)(g) | Balance of regulation and freedom |
Civil Servants | Article 19, Service Rules | Duty vs. Speech |
Sedition | Section 124A IPC | SC guidelines, misuse concerns |
Hate Speech | No separate law | Law Commission & TK Viswanathan committee |
Defamation | Sec 499-500 IPC | Civil vs. Criminal, SC views |
Film Bans | Art 19(1)(a), Censorship | Law & order vs. expression |
Internet Access | Article 19(1)(a), 19(1)(g) | SC verdicts, shutdown rules |
Caste Rallies | Article 19(1)(b) | Public order issue |
Govt Strikes | Not FR | ESMA, SC judgment |