Article 19 of the Indian Constitution guarantees the right to freedom of speech and expression, as well as the right to assemble peaceably and without arms. These rights are considered fundamental rights, which means that they are protected by the Constitution and cannot be taken away by the government.
The right to freedom of speech and expression is a cornerstone of any democratic society, as it allows individuals to express their opinions and ideas freely without fear of reprisal. In India, this right is protected by Article 19(1)(a), which states that "all citizens shall have the right to freedom of speech and expression." This includes the right to express oneself through words, writing, printing, pictures, or any other means of communication.
The right to assemble peaceably and without arms is also an important aspect of Article 19. This right is protected by Article 19(1)(b), which states that "all citizens shall have the right to assemble peaceably and without arms." This means that individuals have the right to come together in public or private to express their views or to protest peacefully.
While these rights are fundamental, they are not absolute. The government may impose reasonable restrictions on these rights in the interests of public order, security, and morality. For example, the government may restrict speech that incites violence or hatred, or that defames or insults someone.
Overall, Article 19 of the Indian Constitution is an important safeguard for the rights of citizens to express themselves freely and to assemble peacefully. It plays a vital role in protecting the democratic values of the country and in promoting the free exchange of ideas and opinions.
Reasonable Restrictions under Article 19 of Indian Constitution
Apart from the abovementioned ground, any restriction upon the freedom of profession would be unconstitutional and it is not necessary that the restriction have to destroy the industry or business perse, but even if it creates a situation wherein it is impossible to carry on the business except in onerous conditions, such a restriction shall be held unconstitutional. Thus, the right to obtain information and disseminate it is an important fundamental right. State of Rajasthan 1997 that sexual harassment of working women at work infringes the fundamental right under Article 19 1 g. If employees do more work honestly, diligently, and effectively, such a gesture would not only be valued by the authorities but also by individuals at large, to remedy their complaints, rather than go on strike. Restriction under Article 19 5 It is interesting to know that the freedom to acquire hold and dispose property is repealed from the part 3 of the constitution of India under Forty- fourth Amendment, 1978. In other words, a law which is not designed to directly ensure public order but penalizes the ones whose activities are detrimental to the same, the law shall be protected under reasonable restrictions. A minimum price was determined and a number of pages were published by a newspaper.
article 19 of indian constitution
The decree was protested as a breach of press rights, and by sicking up its implementation, the amount of pages was either reduced or the price was raised. If we have the right to move freely in the country we should also have the right to reside any settle anywhere we like, this is basic understanding. FREEDOM TO CARRY ON TRADE AND COMMERCE: ARTICLE 19 1 g and 19 6 Article 19 1 g of the Constitution guarantees the citizens of India the freedom to practise or to carry on any occupation, trade or business. In contravention of municipal corporate law, the Lt. Every citizen must have a right to know what their government is doing, according to a fundamental tenet of democracy. AIR 1985 The apex court held that press freedom was not used in Article 19, but was understood in Article 19. The High Court of Kerala upheld their expulsion from school because they had a fundamental obligation to choose their National Hymn and committed an offense under the 1971 National Honorary Act, Prevention of Insults.
Article 19 of the Indian Constitution
Freedom Of Movement And Residence: Article 19 1 d , 19 1 e and 19 5 The rights to travel around freely and to live and settle wherever in the nation are granted under Article 19 1 d and e , which are mutually exclusive. The court ruled that Preventive detention was not the violation of the fundamental law of freedom of movement as it falls under reasonable restriction. The Supreme Court ruled in State of Gujarat v. This refers to the freedom to move however one chooses or the right to move. Moreover, this is necessary for the smooth functioning of the society. Association For Democratic Reforms 2002 that voters have a basic right to be aware of the background of any candidate running for office, including any criminal convictions. In this article, the author will take you through the six fundamental freedoms provided under Article 19 along with the relevant case laws.
Article 19 Of The Indian Constitution // Examarly
Freedom Of Residence Every person has the fundamental right to live and establish a home anywhere within Indian territory, according to Article 19 1 e. The unlawful strike affects society as a whole. It includes the freedom of the propagation of ideas, their publication and circulation. Section 126 of this act restricts on holding the meeting on the day of polling. Generally, the restrictions which promotes Directive Principle are reasonable. The legislation was unconstitutional as the freedom to carry out the bidi manufacturing sector in such a region was unreasonably limited, because this was far outside the reach of the rule. The Court ruled that because the State authorities did nothing to remove the aforementioned obstruction, they are responsible for compensating the petitioner for the death of their son.
