ARTICLE 19 | RIGHT TO FREEDOM | UPSC Polity Notes

🔵 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:

  • Speaking, writing, printing, drawing, etc.

✅ Includes:

  • Right to share your own and others' views

  • Freedom of press

  • Commercial advertisements

  • Right to know about govt. activities

  • Right to telecast (Govt. has no media monopoly)

  • Right to be silent (can choose not to speak)

  • No phone tapping without valid reason

  • No pre-censorship of newspapers

  • Peaceful demonstration/picketing (🚫 but not strike)

🚫 Reasonable Restrictions (under Article 19(2)) for:

  • Sovereignty & integrity of India

  • Security of the State

  • Friendly relations with foreign states

  • Public order

  • Decency or morality

  • Contempt of court

  • Defamation

  • Incitement to offence

✅ Scope of Article 19(1)(a) – Includes:

1. Right to Know

  • Citizens have a right to know what govt. is doing.

  • It promotes transparency & accountability in democracy.

2. Right to Know Election Candidates’ Background

  • In Union of India v. Association for Democratic Reforms case:

    • SC said voters have the right to know candidates’ assets, education, and criminal record.

    • Election Commission was told to make this info public.

3. Right to Silence

  • In Bijoe Emmanuel v. State of Kerala:

    • 3 kids from Jehovah's Witnesses religion didn’t sing the National Anthem (but stood respectfully).

    • SC said: Right to NOT speak is also part of Freedom of Speech.

    • Their school expulsion was invalid.


✊ 2. Freedom of Assembly [19(1)(b)]

You can assemble peacefully without arms, for:

  • Meetings, protests, processions on public land (not private)

🚫 Restrictions allowed for:(under Article 19(3))

  • Sovereignty & integrity of India

  • Public order (e.g., traffic, peace)

⚖️ Legal Limits:

  • CrPC Section 144: Magistrate can stop gatherings if danger to peace, safety, or health.

  • IPC Section 141: Assembly of 5+ becomes unlawful if it:

    • Resists law

    • Occupies property forcefully

    • Commits mischief or trespass

    • Forces someone to do an illegal act

    • Threatens govt. officers

🚫 Right to strike is not included under this Article.


🤝 3. Freedom of Association [19(1)(c)]

You can form/join/leave:

  • 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))

  • Sovereignty and integrity

  • Public order

  • Morality

⚠️ NO guaranteed right to:

  • Strike

  • Collective bargaining

  • 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:

  • From one place to another within India

💡 It helps promote national unity, not narrow regionalism.

🚫 Restrictions allowed:(under Article 19(5))

  1. In public interest

  2. To protect Scheduled Tribes

    • Entry of outsiders may be limited in tribal areas to protect:

      • Culture

      • Language

      • Property

🧑‍⚖️ SC: Movement of prostitutes or AIDS patients can be restricted on health/moral grounds

🔄 Dimensions of movement:

  • Internal → Move within India (Protected under Article 19)

  • External → Go abroad and return (Protected under Article 21, not Article 19)


🏠 5. Freedom of Residence [19(1)(e)]

You can:

  • Reside anywhere in India temporarily

  • Settle anywhere permanently

🎯 Promotes national integration, discourages regional barriers.

🚫 Restrictions allowed:(under Article 19(5))

  1. In public interest

  2. 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:

  • 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))

  • Public interest

  • Health, morality, safety

Govt. can:

  • Set qualifications (e.g., for doctors, engineers)

  • Create state monopolies (ex: liquor sale, railways)

  • Exclude private players fully or partially

⚠️ No right to do illegal or immoral work like:

  • Trafficking

  • 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:

  • India does not have a separate article for press freedom like the USA.

  • But Supreme Court has said that press freedom is part of Article 19(1)(a) – freedom of speech & expression.

🔍 Important Cases:

  • Sakaal Papers v. Union of India: Freedom of press is under Article 19(1)(a).

  • Brij Bhushan Case: No prior censorship is allowed on press. Media can publish freely without asking permission.

  • Indian Express Case: Freedom of press includes:

    • Right to information

    • Right to publish

    • Right to circulate

🏛️ Legal & Institutional Support:

  • Prasar Bharati Act, 1997: Gave autonomy to Doordarshan & All India Radio – now they can criticize the government if needed.

  • Press Council of India (PCI), 1966: A body to regulate print media (like newspapers, magazines).

    • Chaired by retired SC judge (by tradition)

    • 28 members: 20 from media, 5 MPs, 3 from UGC, Sahitya Akademi, Bar Council.

✍️ NCRWC Recommendation:

  • Freedom of press should be explicitly written in Constitution, not just implied.


🔹 6.8.9.2. Control of Social & Broadcast Media

✅ Present Situation:

  • Media wants self-regulation (i.e., regulate themselves).

  • But self-regulation may become no regulation, leading to fake news, hate speech, etc.

📌 Legal Basis:

  • Media takes protection under:

    • Article 19(1)(a) – freedom of speech

    • Article 19(1)(g) – freedom to do profession/business

But these rights are not absolute. Media is not just a business, it has a social responsibility.

🌍 International Context:

  • Levenson Report (UK): Media should have regulation to stop misuse.


🔹 6.8.9.3. Civil Servants and Freedom of Speech

✅ Supreme Court View:

  • Civil servants have limited freedom of speech.

  • Discipline in services is more important.

  • Service rules can limit their speech, even if not mentioned in Article 19(2).

  • 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 vaguearbitrary, 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:

  • Life imprisonment or up to 3 years + fine.

🧓 History:

  • A British-era law used to silence freedom fighters like Tilak, Gandhi.

⚖️ Supreme Court Views:

  • Kedar Nath Singh (1962):

    • Section 124A is valid, but must be used only when violence or public disorder is involved.

    • Criticizing govt. is NOT sedition unless it causes violence or threatens the state.

  • Romesh Thapar, Kanhiya Kumar Case: Sedition = Only when:

    • Public order is disturbed

    • Attempt to overthrow the govt. by force

    • Threat to national security

📑 Law Commission View:

  • Sedition law should not be misused to curb dissent.

  • Use only when there is violent intent or public disorder.

  • Dissent and criticism are part of democracy.

🛠️ Way Forward:

  • Add SC guidelines to the IPC law via amendment.

  • Educate police on when to use or not use sedition.

  • 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:

  • Recommended strict punishment for hate speech.

  • Hate speech should be added to IPC not IT Act.

📌 Suggestions:

  • Add Section 153C: Hate speech online

  • Add Section 505A: Fear, alarm, or violence through identity-based speech

  • Create Cyber Crime Coordinators & Cells in each district/state

⚠️ Concerns:

  • Definitions are too vague like “offensive, abusive, etc.” – can lead to misuse like old Section 66A.

  • Need to check:

    • Who said it (author status)

    • Who it is against (victim status)

    • What is the likely impact

🏛️ SC in Pravasi Bhalai Sangathan (2014):

  • Hate speech must be seen with right to equality.

  • 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?

  • Saying or writing something that harms someone’s reputation.

⚖️ Punishment:

  • Upto 2 years jail, fine, or both.

🏛️ SC in 2016:

  • Criminal defamation is valid, doesn't violate Article 19.

📌 Why it should be kept:

  • Right to reputation = part of Article 21.

  • Editors must take responsibility for what they publish.

  • Existing exceptions allow fair criticism.

  • Civil compensation alone not enough for damage done.

📌 Why it should be removed:

  • Used to harass journalists, critics.

  • Govt misuses it to stop free speech.

  • Criminal process itself is punishment – time, lawyers, pressure.

  • 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:

  • If Censor Board has cleared a film/book, it should be allowed.

  • Govt should control law & order, not ban art.

  • 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:

  • Shutdown powers under:

    • IT Act 2000

    • CrPC Section 144

    • Telegraph Act, 1885

  • New Rules 2017 (Suspension of Telecom Services Rules):

    • Internet can be suspended for public emergency

    • Only Home Secretary (Centre/State) can issue order

    • Must be temporary

    • Reviewed within 5 days

⚖️ SC Verdict:

  • Internet = part of freedom of speech (Art 19(1)(a)) and profession (Art 19(1)(g))

  • Shutdown must follow Doctrine of Proportionality

    • Restriction should be minimum necessary

    • Must be justified, temporary, and reviewable

📉 Impact:

  • India had 381 shutdowns, 106 in 2019 alone

  • Huge economic loss – $1.3 billion in 2019

❌ Criticism:

  • No solid proof that shutdowns stop protests

  • Violates fundamental rights: speech, trade, health, education

  • Creates panic and blackout

🌐 UN Resolution (2016):

  • Internet shutdown = violation of human rights

  • Same rights online as offline


🔹 6.8.9.9. Caste Rallies

✅ Article 19(1)(b):

  • Right to peaceful assembly

  • But Article 19(3) allows restriction in interest of:

    • Public Order

    • Sovereignty & Integrity

⚖️ Allahabad HC (2013):

  • Banned caste rallies as they disturb public order

  • But this is controversial – may violate Article 19(1)(b)


🔹 6.8.9.10. Right to Strike (Govt. Officials)

✅ Trade Unions:

  • Right to strike is allowed under Industrial Disputes Act

❌ Govt Employees:

  • Do not have fundamental right to strike

  • Essential Services Maintenance Act (ESMA) can be used to force end of strike

🏛️ SC in T.K. Rangarajan Case:

  • 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

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