INTRODUCTION

1. 2Article 19(1) of the Constitution of India guarantees six fundamental

freedoms to every citizen of India, namely-

a) Freedom of speech and expression;

b) Freedom to assemble peacefully and without arms;
c) Freedom to form associations, unions or co-operative societies;
d) Freedom to move freely throughout the territory of India;
e) Freedom to reside and settle in any part of the territory of India, and
g) Freedom to practice any profession, or to carry on any occupation,
trade or business.

2. These six fundamental freedoms are the natural and basic freedoms
inherent in the status of a citizen. However, these freedoms are not absolute
or uncontrolled but are subject to certain reasonable restrictions.

6 FUNDAMENTAL FREEDOMS
FREEDOM OF SPEECH AND
EXPRESSION [ARTICLE 19(1)(A) AND
19(2)]
Article 19(1)(a) guarantees the freedom of speech and expression to all
citizens. Freedom of speech and expression is the foundation of a democratic
society and is one of the most cherished rights of a citizen. It is the first
condition of liberty and plays an important role in forming public opinion.

MEANING OF FREEDOM OF SPEECH AND

EXPRESSION
1. Freedom of speech and expression means the right to speak, and the right
to express oneself through any medium-by words of mouth, writing, pictures,
signs, internet etc.
2. Every citizen has a right to hold an opinion and to be able to express it,
including the right to receive and impart information. The expression ‘freedom
of speech and expression’ has a wide connotation. It includes the freedom of
the propagation of ideas, their publication and circulation.

SCOPE OF FREEDOM OF SPEECH AND EXPRESSION

There are various facets of the freedom of speech and expression which have
been recognised by the courts. Some of those facets or rights that constitute
the freedom of speech and expression are mentioned below:

1. FREEDOM OF PRESS -

Democracy thrives through vigilant eye of Legislature, care and guidance of

public opinion and press par excellence. Freedom of speech include right to
propagate one’s views through print media or any other communication
channel e.g., radio, television subject to reasonable restrictions imposed under
Article 19(2).

ROMESH THAPPAR V. STATE OF MADRAS (1950 SCR 594, 607; AIR

1950 SC 124), was amongst the earliest cases to be decided by the Supreme
Court declaring freedom of press as a part of freedom of speech and
expression. Patanjali Sastri, J., rightly observed that- ‘Freedom of Speech and
of Press lay at the foundation of all democratic organizations, for without free
political discussion, no public education, so essential for the proper functioning
of the process of Government, is possible’.

INDIAN EXPRESS V. UNION OF INDIA,(1985) 1 SCC 641, it has been

held that the Press plays a very significant role in the democratic machinery.
The courts have duty to uphold the freedom of press and invalidate all laws
and administrative actions that abridge that freedom. Freedom of Press
includes freedom of publication, freedom of circulation and freedom against
pre-censorship.

2. FREEDOM OF COMMERCIAL SPEECH -

In TATA PRESS LTD. VS. MAHANAGAR TELEPHONE NIGAM LTD., the

Supreme Court held that a commercial advertisement or commercial speech
was also a part of the freedom of speech and expression, which would be
restricted only within the limitation of Article 19(2). Supreme Court held that
advertising, which is no more than a commercial transaction, is nonetheless
dissemination of information regarding the product-advertised. Public at large
are benefited by the information made available through the advertisements.
In a democratic economy, free flow of commercial information is
indispensable.
3. RIGHT TO BROADCAST –

The concept speech and expression has evolved with the progress of
technology and include all available means of expression and communication.
This would include the electronic and the broadcast media.

In ODYSSEY COMMUNICATIONS (P) LTD.V. LOKVIDAYAN

SANGHATANA, the Supreme Court held that the right of a citizen to exhibit
films on the State channel – Doordarshan is part of the fundamental right
guaranteed under Article 19(1) (a). In this case, the petitioners challenged the
exhibition on Doordarshan of a serial titled “Honi Anhonion” on the ground
that it encouraged superstitious and blind faith amongst viewers. The petition
was dismissed as the petitioner failed to show evidence of prejudice to the
public.

4. RIGHT TO INFORMATION –

The freedom of 'speech and expression' comprises not only the right to
express, publish and propagate information, its circulation but also to receive
information. This was held by the Supreme Court in a series of judgements
which have discussed the right to information in varied contexts from
advertisements enabling the citizens to get vital information about life-saving
drugs, to the right of sports lovers to watch cricket and the right of voters to
know the antecedents of electoral candidates.

In UNION OF INDIA V. ASSN. FOR DEMOCRATIC REFORMS (2002) 5

SCC 294., "One-sided information, disinformation, misinformation and non-
information, all equally create an uninformed citizenry which makes democracy
a farce. Freedom of speech and expression includes right to impart and receive
information which includes freedom to hold opinions".

5. RIGHT TO CRITICIZE -

In S. RANGARAJAN V.P. JAGJIVAN RAM, everyone has a fundamental right

to form his opinion on any issues of general concern. Open criticism of
government policies and operations is not a ground for restricting expression.
Intolerance is as much dangerous to democracy as to the person himself. In
democracy, it is not necessary that everyone should sing the same song.

6. RIGHT TO SILENCE-

In BIJOE EMMANUEL V. STATE OF KERALA (1986), the Supreme Court

upheld the right to silence of three children who were expelled from school
because they refused to sing the National Anthem. The Court held that no
person can be compelled to sing the National Anthem if he has genuine
conscientious objections based on his religious belief. Hence, the right to speak
and the right to express includes the right not to express and to be silent.
7. RIGHT TO FLY THE NATIONAL FLAG -

In the case of UNION OF INDIA V. NAVEEN JINDAL (2004), the Supreme

Court held that flying the National Flag with respect and dignity is an
expression and manifestation of one’s allegiance and feelings and sentiments
of pride for the nation and therefore, is a fundamental right protected under
Article 19(1)(a). However, the flying of the National Flag cannot be for
commercial purposes or otherwise and can be subject to reasonable
restrictions.

REASONABLE RESTRICTIONS ON THE RIGHT TO FREE

SPEECH AND EXPRESSION
The right to free speech and expression is not an absolute right and is subject
to reasonable restrictions. As per Article 19(2), restrictions can be imposed
upon the freedom of speech and expression in the interests of:

1. SOVEREIGNTY AND INTEGRITY OF India

This ground was added subsequently by the Constitution (Sixteenth

Amendment) Act, 1963. This is aimed to prohibit anyone from making the
statements that challenge the integrity and sovereignty of India.

2. THE SECURITY OF THE STATE

Reasonable restrictions can be imposed on the freedom of speech and

expression, in the interest of the security of the State. The term security of
state has to be distinguished from public order. For security of state refers to
serious and aggravated forms of public disorder, example rebellion, waging war
against the state [entire state or part of the state], insurrection etc.

3. FRIENDLY RELATIONS WITH FOREIGN STATES

This ground was added by the Constitution (First Amendment) Act of 1951.
The State can impose reasonable restrictions on the freedom of speech and
expression, if it hampers the friendly relations of India with other State or
States.

4. PUBLIC ORDER

This ground was added by the Constitution (First Amendment) Act, 1951 in
order to meet the situation arising from the Supreme Court's decision in
Romesh Thapar’s, case (AIR 1950 SC 124). As per hon’ble Supreme court,
public order is different from law and order and security of state. The
expression 'public order' connotes the sense of public peace, safety and
tranquillity. Anything that disturbs public peace disturbs public order.
5. DECENCY OR MORALITY

Decency and morality section 292 to 294 of the Indian Penal Code provide
instances of restrictions on the freedom of speech and expression on the
grounds of decency and morality, it prohibits the sale or distribution or
exhibition of obscene words. The standard of morality changes with changing
times.

6. CONTEMPT OF COURT

The constitutional right to freedom of speech would not allow a person to

contempt the courts. The expression Contempt of Court has been defined
Section 2 of the Contempt of Courts Act, 1971. The term contempt of court
refers to civil contempt or criminal contempt under the Act.

7. DEFAMATION OR INCITEMENT OF AN OFFENCE

The clause (2) of Article 19 prevents any person from making any statement
that defames the reputation of another. Defamation is a crime in India inserted
into Section 499 and 500 of the I.P.C. Right to free speech is not absolute.
This ground was also added by the Constitution (First Amendment) Act, 1951.
The Constitution also prohibits a person from making any statement that
instigate people to commit offense.

FREEDOM OF ASSEMBLY [ARTICLE

19(1)(B) AND 19(3)]
1. The object of holding an assembly or a meeting is the propagation of ideas
and to educate the public. Hence, the right to assemble is a necessary corollary
of the right to free speech and expression.

2. Article 19(1)(b) provides for the right to assemble peaceably and without
arms. This includes the right to hold public meetings, hunger strikes, and the
right to take out processions. However, the assembly must be peaceful and
without arms.

3. In HIMMAT LAL V. POLICE COMMISSIONER, BOMBAY (1972), the

Supreme Court struck down a rule that empowered the police commissioner
to impose a total ban on all public meetings and processions. It was held that
the state could only make regulations in aid of the right of assembly of citizens
and could impose reasonable restrictions in the interest of public order but no
rule could be prescribed prohibiting all meetings or processions altogether.
REASONABLE RESTRICTIONS ON RIGHT TO FREEDOM OF
ASSEMBLY
According to Clause 3 of Article 19, the right to freedom of assembly could be
restricted on the following grounds:

1. In the interests of the sovereignty and integrity of India, or

2. In the interests of public order.

FREEDOM TO FORM ASSOCIATIONS,

UNIONS OR CO-OPERATIVE SOCIETIES
[ARTICLE 19(1)(C) AND 19(4)]
1. Article 19(1)(c) provides for the right to form associations, unions or
cooperative societies.

2. An association refers to a group of persons who have come together to

achieve a certain objective which may be for the benefit of the members of the
welfare of the general public or a scientific, charitable or any other purpose.

3. The right to form associations is considered as the lifeblood of democracy,

as without such a right, the political parties critical to the functioning of a
democracy cannot be formed.

4. The right to form associations and unions includes the right to form
companies, societies, trade unions, partnership firms and clubs, etc. The right
is not confined to the mere formation of an association but includes its
establishment, administration and functioning as well.

5. Some of the facets of the right to form associations are as follows:

5.1. The right to form associations means the right to be a member of an

association voluntarily. It also includes the right to continue to be or not to
continue to be a member of the association.
In DAMYANTI V. UNION OF INDIA (1971), the Supreme Court upheld the
right of the members of an association to continue the association with its
composition as voluntarily agreed upon by the persons forming the
association.

5.2. The right to form an association includes the right not to be a member of
an association.
5.3. The right under Article 19(1)(c) does not prohibit the state from making
reservations or nominating weaker sections into the cooperative societies and
their managing committees.

5.4. No prior restraint can be imposed on the right to form an association.

5.5. There is no fundamental right of recognition of the association or union

by the government.

5.6. The right to form an association includes no right to achieve the objects
of the association.

REASONABLE RESTRICTIONS ON RIGHT TO FORM

ASSOCIATION
According to Article 19(4), reasonable restrictions can be imposed on the right
to form associations, unions and co-operative societies, etc. on the following
grounds:

1. In the interests of the sovereignty and integrity of India, or

2. In the interests of public order or morality.

FREEDOM OF MOVEMENT AND

RESIDENCE [ARTICLE 19(1)(D),
19(1)(E) AND 19(5)]
Article 19(1)(d) and (e) are complementary to each other and confer a right
upon the citizens to move freely or/and to reside and settle in any part of the
country.

FREEDOM OF MOVEMENT
1. Article 19(1)(d) provides for the right to move freely throughout the
territory of India. This means the right to locomotion, i.e., the right to move
as per one’s own choice. This right includes the right to use roads and
highways.

2. In CHAMBARA SOY V. UNION OF INDIA (2007), some unscrupulous

elements had blocked the road due to which the petitioner was delayed in
taking his ailing son to the hospital and his son died on arrival at the hospital.
The Supreme Court held that the right of the petitioner to move freely under
Article 19(1)(d) has been violated due to the road blockage. The Court held
that the State is liable to pay the compensation for the death of the petitioner’s
son due to the inaction on the part of the State authorities in removing the
aforesaid blockage.

FREEDOM OF RESIDENCE
1. Article 19(1)(e) states that it is the fundamental right of every citizen to
reside and settle in any part of the territory of India.

2. In the case of U.P. AVAS EVAM VIKAS PARISHAD V. FRIENDS CO-OP.

HOUSING SOCIETY LTD.(1995), it was held by the Supreme Court that the
right to residence under Article 19(1)(e) includes the right to shelter and to
construct houses for that purpose.

REASONABLE RESTRICTIONS ON RIGHT TO FREEDOM OF

MOVEMENT AND RESIDENCE
As per Article 19(5), the right to freedom of movement and residence could be
restricted on the following grounds:

1. In the interests of the general public, or

2. For the protection of the interests of any Scheduled Tribe.

FREEDOM OF PROFESSION,
OCCUPATION, TRADE OR BUSINESS
[ARTICLE 19(1)(G) AND 19(6)]
Article 19(1)(g) provides for the fundamental right of the citizens to practice
any profession or to carry on any occupation, trade or business.

SCOPE: WHAT’S INCLUDED AND WHAT’S NOT

1. The right to carry on a business also includes the right to shut down the
business. IN EXCEL WEAR V. UNION OF INDIA (1978), the Supreme Court
declared Section 25-O of the Industrial Disputes Act, 1947, which required an
employer to take prior permission from the government for closure of his
industrial undertaking, as unconstitutional and invalid on the ground that it
violated Article 19(1)(g).

2. There is no right to hold a particular job of one’s choice. For example, in the
case of closure of an establishment, a man who has lost his job cannot say
that his fundamental right to carry on an occupation is violated.
3. There is no right to carry on any dangerous activity or any antisocial or
criminal activity.

4. No one can claim a right to carry on business with the government.

5. The right to trade does not include the right of protection from competition
in trade. Thus, loss of income on account of competition does not violate the
right to trade under Article 19(1)(g). The Hon’ble Supreme Court in VISHAKA
V. STATE OF RAJASTHAN (1997) has observed that the sexual harassment
of working women in workplaces violates the fundamental right under Article
19(1)(g). In this case, comprehensive guidelines and binding directions were
issued by the court to prevent the incidents of sexual harassment of women
at workplaces in both public and private sectors.

REASONABLE RESTRICTIONS ON FREEDOM OF

PROFESSION, OCCUPATION, TRADE OR BUSINESS
Article 19(6) provides that the fundamental right under Article 19(1)(g) can
be restricted in the following ways:

1. By imposing reasonable restrictions in the interest of the general public.

2. By state monopoly: Sub-clause (ii) of Article 19(6) enables the state to
make laws for creating state monopolies either partially or completely in
respect of any trade or business or industry or service. The right of a citizen
to carry on trade is subordinated to the right of the state to create a
monopoly in its favour.
3. Also, Sub-clause (i) of Article 19(6) empowers the state to lay down, by
law, “the professional or technical qualifications necessary for practising any
profession or carrying on any occupation, trade or business”.

CONCLUSION
The Right to Freedom is one of the most important Fundamental Rights under
the Constitution of India. Without freedom, there can't be any democratic
setup. People will not be able to grow and develop if they do not have the
freedom to do anything. At the same time, providing people with absolute
freedom could be very dangerous. It is important to put restrictions on freedom
so that people don't misuse their rights and co-exist with others peacefully.
Our Constitution has very nicely mentioned the freedoms and the grounds on
which they can be limited. This balance of power is necessary. Thus, the Article
19 of our Constitution is one of the most important articles which ensures the
welfare of the citizens of our country.