Lecture on Article 19 of the Indian Constitution

Introduction

• Article 19: Part of the Indian Constitution that guarantees fundamental freedoms.
• Freedoms are not absolute; the state can impose restrictions for public welfare.
• Purpose: To safeguard these freedoms from government or people's interference, ensuring protection against arbitrary behavior of the state.

Fundamental Freedoms Under Article 19

1. Freedom of Speech and Expression

   • Essential for democracy; allows free thought, expression, belief, faith, and worship.
   • Significant court cases:
     • Bijoe Emmanuel vs. State of Kerala: Supreme Court protected students' right to freedom of expression by not singing the national anthem.
     • Bennett Coleman & Co. vs. Union of India: Upheld press freedom regarding newspaper content and circulation.
     • Shreya Singhal Case: Struck down Section 66A of the IT Act for violating free speech on social media.
   • Restrictions under Article 19(2): Sovereignty, integrity, security, public order, decency, morality, contempt of court, defamation, incitement.

2. Freedom to Assemble Peaceably and Without Arms

   • Right to protest inferred from the right to free speech and assembly.
   • Limitations via criminal procedure; procedural provisions regulate this freedom.
   • Supreme Court rulings on protests:
     • Kameshwar Prasad vs. State of Bihar: Government employees retain rights but may face limitations.
     • Recent case of Shaheen Bagh: Protests cannot indefinitely occupy public spaces.

3. Freedom to Form Associations and Unions

   • Right includes political parties, clubs, societies, and trade unions.
   • Does not guarantee collective bargaining or right to strike.
   • Clause 4 allows restrictions for public order, morality, sovereignty, and integrity.

4. Freedom of Movement Within India

   • Right to move throughout the territory is subject to restrictions for public interest or protection of scheduled tribes.

5. Freedom to Reside and Settle Anywhere in India

   • Complements freedom of movement; same restrictions apply.

6. Freedom to Practice Any Profession, Occupation, Trade, or Business

   • Subject to legal regulations and standards for professional qualifications.
   • State can enact laws for regulation in public interest.

Conclusion

• Article 19 balances individual freedoms with the need for public welfare and order.
• For further reading, refer to provided materials and references.