Constitution of India: Fundamental Rights- All About Article 19 (1)
The Constitution of India guarantees the Fundamental Rights while the Supreme Court is their Custodian. The Indian Constitution consists of many features that allow the citizens to live in their society with liberty.
One of such rights, Article 19(1) of the Indian Constitution guarantees the citizens the right to freedom in certain areas. It guarantees all the citizens of India their freedom of speech and expression. To know about the article read the details below. Read the article below to justify its exudation for yourself.
Fundamental Rights of Indian Citizens:
There are six fundamental rights that are exercised by Indian Citizens listed in the Constitution of India. These are:
- Right to equality (Articles 14–18)
- Right to freedom (Articles 19–22)
- Right against exploitation (Articles 23–24)
- Right to freedom of religion (Articles 25–28)
- Cultural and educational rights (Articles 29–30)
- Right to constitutional remedies (Article 32)
Article 19(1): As stated in Indian Constitution
This right is available only to Indian citizens and no foreign citizen is entitled to exercise it fully. The article is also divided into 7 parts. Read below to get to know about each division.
Article 19 (1) states:
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
d) To move freely throughout the territory of India
e) To reside and settle in any part of the territory of India and
f) Omitted by the 44th Amendment Act
g) To practise any profession, or to carry on any occupation, trade or business
Article 19 (1) of Indian Constitution: Explanation
Take a look at the detailed explanation of each article highlighting its usage by common people and how the Government of the day can restrict it through legal actions at certain times.
This article guarantees the citizens of India freedom of speech and expression. This can be in the form of written texts, word of mouth or any other form of communication. The mode can be anything from the following- oral/ written/ electronic/ broadcasting/ press or others. This article is many times misconstrued by the media houses and the protestors but the citizens have to make sure not to hamper the liberty of others while exercising this right.
Freedom of expression is inclusive of Freedom of the Press. The landmark case associated with it is Maneka Gandhi vs the Union of India. The court, in that case, said that the Freedom of speech and expression has no geographical limitation and it carries with it the right of any citizen to collect information and to exchange thoughts in India as well as abroad.
Article 19(1) (b):
This article guarantees the citizens of India to collect peacefully without arms. This means that the citizens have the right to assemble peacefully and hold meetings and processions. The only thing they need to make sure is these meetings must be carried out peacefully. The bandhs and hartals are however not included in this category. Thus this right can be restricted by the Government of India in the interest of the general public.
Article 19 (1) (c):
This article guarantees the citizens of India, the right to form associations and unions. The landmark case of TK Rangarajan vs the State of Tamil Nadu held that the right to strike is not included in this right.
Article 19 (1) (d):
This article says that any citizen of India is allowed free movement across any part of India, be it in any territory. The citizens are allowed to reside and settle in any part of India.
The exceptions are there in cases like the lands of Schedule Castes are not to be occupied, bought or sold without Government consent.
In the case Karak Singh vs the State of UP it was stated that watching and shadowing suspects for the purposes of keeping a record of their movement and activities and domiciliary visits is allowed.
Article 19 (1) (e):
In the case of Ibrahim Wazir vs State of Bombay Indian citizen who came to India without a permit was arrested and deported to Pakistan by the Government. It was held that the order of removal was invalid as the coming of a citizen to his home country without a permit was not an offence that would justify his expulsion from the country. The right of movement and residence go together. When any person is asked to leave a particular place indefinitely, both of his rights of movement and residence are affected. The freedom to reside and settle may be curtailed and suspended during an emergency.
Article 19 (1) (f):
This article was omitted by the 44th amendment of the Indian Constitution. It guaranteed to the Indian citizens a right to acquire, hold and dispose of property which was not possible due to economic differences.
Article 19 (1) (g):
This article guarantees any citizen of India to practice any profession or to carry out any occupation, trade or business. This article is however subjected to Article 19(6) which states the reasons for restriction imposed by the state upon the above right of the citizens.
That was all about the article guaranteeing the freedom of speech, expression, residence and jobs to Indians. Read in detail about various other topics in Polity by clicking on the links shared below.