Actual Article
Article 19 of the Indian Constitution guarantees six freedoms to the citizens of India. These freedoms are fundamental rights aimed at ensuring the liberty of individuals and fostering democratic principles. The rights are subject to certain restrictions that can be imposed by the State in the interest of security, public order, and other considerations. The specific freedoms are:
- Article 19(1)(a): Freedom of speech and expression.
- Article 19(1)(b): Freedom to assemble peaceably and without arms.
- Article 19(1)(c): Freedom to form associations or unions or co-operative societies.
- Article 19(1)(d): Freedom to move freely throughout the territory of India.
- Article 19(1)(e): Freedom to reside and settle in any part of the territory of India.
- Article 19(1)(g): Freedom to practice any profession, or to carry on any occupation, trade, or business.
UPSC Notes for Article 19
- Objective: To ensure the fundamental freedoms necessary for personal liberty and the democratic functioning of society.
- Key Provisions:
- Freedom of Speech and Expression: Essential for democracy, allowing individuals to express opinions and ideas freely.
- Freedom of Assembly: Allows peaceful gatherings and protests, critical for political and social activism.
- Freedom to Form Associations/Unions: Enables collective action and representation, crucial for trade unions and other groups.
- Freedom of Movement: Facilitates internal migration and free movement within the country.
- Freedom to Reside and Settle: Supports the right to choose residence and settlement anywhere in India.
- Freedom of Profession, Occupation, Trade, or Business: Ensures economic liberty and the right to engage in any lawful profession or business.
- Significance: Fundamental to a functioning democracy, ensuring individual liberty and contributing to social and economic development.
Important Cases and Commissions Related to Article 19
- Romesh Thappar vs. State of Madras (1950): The Supreme Court held that freedom of speech and expression is essential to democracy.
- Shreya Singhal vs. Union of India (2015): Struck down Section 66A of the IT Act, upholding freedom of speech and expression on the internet.
- Bennett Coleman & Co. vs. Union of India (1972): The Supreme Court ruled that freedom of the press is implicit in the freedom of speech and expression.
Important Reports Related to Article 19
- Sarkaria Commission Report (1983): Emphasized maintaining the balance between individual freedoms and state security, highlighting the importance of Article 19.
- Second Administrative Reforms Commission (2005-2009): Focused on governance reforms that protect and promote fundamental rights, including the freedoms under Article 19.
Previous Year Prelims Questions Related to Article 19
- Prelims 2019:
- Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination?
- (a) Right against Exploitation
- (b) Right to Freedom
- (c) Right to Constitutional Remedies
- (d) Right to Equality
- Answer: (d) Right to Equality
- Prelims 2018:
- Which Article of the Indian Constitution guarantees freedom of speech and expression?
- (a) Article 14
- (b) Article 19
- (c) Article 21
- (d) Article 25
- Answer: (b) Article 19
Previous Year Mains Questions Related to Article 19
- Mains 2016:
- Discuss the scope and limitations of the freedom of speech and expression under the Indian Constitution. How have recent judgments by the Supreme Court expanded this freedom?
- Mains 2014:
- Explain the relationship between fundamental rights and reasonable restrictions with reference to the freedoms guaranteed under Article 19.
Article 19 enshrines essential freedoms that form the backbone of democratic governance and individual liberty in India. Understanding these provisions, along with their judicial interpretations and legislative context, is crucial for UPSC aspirants preparing for both prelims and mains examinations.