Introduction - 

   
        The Constitution of India guarantees six fundamental freedoms to citizens of India. It includes freedom of speech and expression, freedom of assembly,  freedom to form Associations,  freedom of movement, freedom to reside and to settle freedom of profession, occupation, trade or business.The Guarantee of each of the above is, therefore restricted by the constitution itself by conferring upon the State power to impose by law a reasonable restriction and so may be necessary in the larger of interest of community. The restrictions on these freedoms are provided in clause 2 to 6 of Article 19 of the Indian Constitution.


 Right to freedom -



     Article 19 of the Indian Constitution guarantees six basic freedoms to the citizens of India which are as follows.

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 or co-operative societies;

       (d) to move freely throughout the territory of India;

       (e) to reside and settle in any part of the territory of India;
   
       (f) (This clause omitted by the 44th Constitutional Amendment Act 1978)

       (g) to practise any profession, or to carry on any occupation, trade or business


1) Right to Freedom of speech and expression [Article 19(1)(a)]

         Freedom of speech and expression means the right to express one's own convictions and opinions freely by words of mouth writing, printing, pictures or any other mode. Freedom of speech and expression is indispensable in a democracy. Article 19(1)(a) says that all citizens shall have the right to freedom of speech and expression. But this right is subject to Limitations Imposed under Article 19(2).Which empowers the State to put reasonable restrictions on the following grounds -
Security of the State, Friendly relations with foreign State, Public order decency and Morality, contempt of court, defamation, incitement to offense and integrity and sovereignty of India.

2) Right to assemble peaceably and without arms [Article 19(1)(b)]

       Article 19(1)(b) of the Indian Constitution guarantees right to Citizen to assemble peacefully and without arms. Therefore they can organize meetings, procession peacefully. However, the State can restrict this right under article 19(3) in the interest of sovereignty and integrity of India or public order.

3) Right to form associations or unions or co-operative societies [Article 19(1)(c)]

        Article 19(1)(c) of the Indian Constitution guaranteed all its citizens to right to form association and unions for pursuing lawful purposes. This right is not absolute and amenable to reasonable restrictions under Article 19(4)  in the Interest of  Sovereignty and integrity of India or public order.

4) Right to move freely throughout the territory of India [Article 19(1)(d)]

          Article 19(1)(d) and (e) of the Indian Constitution guarantees to every citizen of India right to move freely throughout the territory of India and to reside and settle in any Part of the of the Territory of India.This right is subject to reasonable restrictions imposed by law in the interest of the general public or for the protection of the interests of any Scheduled Tribes.

          Article 19(1)(d) of The Indian Constitution guarantees to all Citizens of India the Right "to move freely throughout the territory of India." This Right is, however subject to reasonable restrictions mentioned under Article 19(5).  Clause (5) of Article 19 empowers the State to impose reasonable restrictions in the interest of the general public or for the protection of the interest of any Scheduled Tribe.



        See in detail...   Freedom of Movement and Resident - Article 19(1)(d) and (e)

5) Right to reside and settle in any part of the territory of India [Article 19(1)(e)]

               Article 19(1)(e) of the Indian Constitution guarantees to every citizen of India, the right "to reside and settle in any part of the territory of India". This right is subjected reasonable restrictions which may be imposed by the State, by law under clause (5) of Article 19, in the interest of the general public or for the protection of the interest of any Scheduled Tribe.

   It is to be noted that the right to reside [under Article 19(1)(e)] and right to move [under Article 19(1)(d)] freely throughout the Country are complementary and often go together. Most of the Cases considered under Article 19(1)(d) are relevant to Article 19(1)(e) also. The two rights, therefore, discussed together.

The Freedom of Movement and Residence apply only to citizens of India and not the Foreigners. A foreigner cannot claim the right to reside and settle in the country as guaranteed by Article Article 19(1)(e). The Government of India has The Power to expel foreigners from India.



6)  Right to practise any profession, or to carry on any occupation, trade or business [Article 19(1)(g)] 



           Constitutional Article 19(1)(g) guarantees to every citizen the right "to practice any profession, or to carry on any occupation, trade and business." The right secured by Article 19(1)(g) is subjected to any law made or to be made by the state for the following purpose -

1)Any law imposing reasonable restrictions in the interest of the General public.

2) Any law prescribing professional or technical qualifications necessary for practicing any profession or carrying on any occupation, trade or business.

3) Any law authorizing the carrying on by the state, or by the corporation owned or controlled by the state,  of any trade, Business, industry or service, whether to the exclusion,  complete or partial, of citizens or otherwise.



Relevant Cases -



Mohd.Hanif Qureshi V. State of Bihar AIR 1958 SC,731.

                    The Supreme Court Declared cow slaughter Act constitutional. Court, ruled that the restriction was not reasonable,  looking to the blame which needs to be struck between public interest,  which requires preservation of useful animals, and permitting the different traders in beef,  etc.  To carry on their trade and profession.

Kharak Singh V. State of UP AIR 1963 SC 1295, In this case, Supreme Court Held that the right to move freely throughout the territory of India means the right of locomotion which connotes the right to move wherever one likes, and however one likes.

State of Uttar Pradesh Vs.  Kaushalya AIR 1964 SC 416  In this Case Supreme court held that the right of movement of prostitutes may be restricted on the ground of Public Health and in the interest of Public Morals.


See also 

Freedom of Profession, Occupation, Trade and Business - Article 19(1)(g) & Art 19(6)

0 comments:

Post a comment

See Also..