[Music] [Music] hello and welcome to the session on Article 19 of the Constitution of India here we look into the fundamental freedoms guaranteed under Article 19 Article 19 Clause one of the Indian constitution grants rights to some fundamental freedoms however these freedoms are not absolute the state can impose restrictions on these rights if it's necessary for public welfare the main purpose is to safeguard these rights from interference by the government or by the people in other words by an enumeration of these freedoms in the Constitution the state promises to uphold them and to ensure the protection of these freedoms from any kind of inter interference these freedoms have also been understood as restrictions on arbitrary behavior of the state that can be enforced by the people as Justice Krishna AER States this freedom is essential because the sensorial power lies in the people over and against the government and not in the government over and against the people so Article 19 essentially lays down a list of fre freedoms at the outset I would like to reiterate that these freedoms are not Limitless they are not absolute there are restrictions on these freedoms in the interest of the greater good let us have a look at the freedoms ensured under Article 19 it states all citizens shall have the right to freedom of speech and expression to assemble peaceably without arms to form Association and unions or cooperative societies to move freely throughout the territory of India to reside and settle in any part of the territory of India and to practice any profession or to carry on any occupation trade or business we will look into each of these freedoms separately first the right to freedom of speech and expression speaking freely is a matter of freedom and right the Preamble of our Constitution states the liberty of thought expression belief faith and worship the freedom to think and the right to know are the foundations of expression free speech is like the lifeline of democracy in a democratic state where the people are the ultimate rulers freedom of expression is crucial without it democracy's Reliance on reasoning is compromised notes IA Jennings Milton in aerop ptica emphasizes that without this Freedom both individuals and Nations suffer in their moral and intellectual life as already mentioned Justice Krishna AER believes this freedom is vital because the power to censor lies with the people not the government freedom of speech is necessary for discovering the truth personal growth democratic values and ensuring diversity the people of India created the Constitution to establish India into a sovereign Democratic Socialist secular Republic in our Democratic Society significant importance is given to free speech and expression which is considered the most important of all freedoms the Indian constitution as outlined in the Preamble aims to ensure freedom of thought and expression for all citizens freedom of expression is a fundamental human right allowing individuals to communicate and apply their personal thoughts this right is recognized in various constitutions regardless of the system of government on many occasions the courts have had the opportunity to explain the scope of the right the right to freedom of speech and expression includes the right to remain silent participate in sports Hoist the flag communicate print and advertise a right to know Etc here are some of the landmark decisions BJ Emanuel versus state of Kerala in July 1985 three children in a school in Kerala found themselves at the center of a unique situation these kids were asked to leave their school because they chose not to sing the national anthem janagam during the morning assembly at school rather than singing along they stood silently objecting on religious grounds as they were followers of Jehovah Witnesses not willing to accept this decision the father of the children took the matter to the high court of Kerala he argued that the expulsion violated their rights to freedom of expression and freedom of religion which are safeguarded under Article 19 and 25 of the Indian constitution however the high court disagreed stating that nothing in the national anthem could offend religious beliefs undeterred the father decided to take the case to the next level and filed a special leaf petition in the Supreme Court of India under article 136 of the Constitution the stage was set for a legal Showdown that would determine the balance between patriotic practices and individual freedoms the Supreme Court of India ruled that expelling students for not singing the National Anthem violated their freedom of expression the court emphasized that restrictions on freedom of expression must be based on a law and there was no law mandating the singing of the national anthem Additionally the Department of Education in the state of Kerala lacked the legal authority to restrict free speech and expression as it could be done only by a law passed by the parliament in another case of Bennett Coleman and Company versus Union of India the Supreme Court ruled that newspapers should have the freedom to decide their pages and circulation Bennett colan that is the times group challenged the news paper price and Page act 1956 which allowed the government to control the allocation of space for advertisements the court stated that although the term freedom of the press is not explicitly mentioned in Article 19 it is covered therein ensuring freedom from interference that affects the content and circulation of newspapers you may be familiar with the Shrea single case the court declared section 66a of the information technology act as unconstitutional and violative of article 191a section 66a of the it act criminalized the sending of offensive messages through a computer or other communication devices for this it prescribed 3 years imprisonment the law had no procedural safeguards this gave arbitrary power to the state and resultant blatant invasions on the exercise of free speech on social media this judgment struck out section 66a of the it act article 191a of the Indian constitution grants all citizens including the media the right to freedom of speech and expression however as mentioned earlier the right is not absolute Clause two of Article 19 allows reasonable restrictions to be imposed by law in the interest of specific concerns like sovereignty and integrity of India the security of the state friendly relations with foreign States public order decency or morality contempt of court defamation incitement to an offense recently there have been numerous instances of the exercise of free speech affecting the religious sentiment ments of others sometimes it has resulted in assaults and deaths you may wonder what the stand of the law in this regard is as seen in the reasonable restrictions there is no mention of free speech being restricted in the interest of the sentiments of another if there were to be a restriction on speech if it hurts sentiments the court would be at a loss to understand and apply the implications of it for sentiments are subjective there is no way to measure hurt sentiments try and find instances where exercise of free speech has resulted in hurting Sentiments of a community now let's move to the next Freedom this is article 191b to assemble peaceably and without arms the freedom to assemble is an important aspect of constitutional law but it faces limitations due to the intersection of constitutional text and criminal procedure while the Constitution grants the right to assemble procedural Provisions significantly restrict this Freedom allowing the state to regulate and limit its exercise in the case of kameshwar Prasad versus state of Bihar a rule prohibiting demonstrations by government employees was challenged the Court ruled that the government servants retain their fundamental rights and the rule prohibiting demonstrations is not acceptable the court acknowledged that while government employees have rights their official position May sometimes impose some limitations on the exercise of those Rights Article 193 of the Constitution allows reasonable restrictions on the right to assemble for the interests of sovereignty integrity and public order these restrictions were added after the adoption of the Constitution you may think is this Freedom guaranteeing a right to protest without explicitly stating so the right to free speech and expression and the right to assemble peacefully leads to the inference that a right to protest can be read in it the Supreme Court has stated that though not absolute this right very much exists and must be respected because it strengthens democracy sometimes if the government deems it necessary in the interest of public order they may curtail this right to protest by the imposition of curfew under Section 144 of the criminal procedure code in the ramela Medan case the Supreme Court said that to hold dhas processions and rallies police permission needs to be taken the court has also warned that protesters need to be conscious and not cause interference in the lives of non protesters more recently at shahinbag Delhi protesters sat on public road disrupting public life they were opposing the citizenship Amendment act the Supreme Court ruled that indefinite occupation of public ways and public spaces for the protest or expressing dissent was not acceptable let's move to the third Freedom the third Freedom guaranteed under Article 19 is the freedom to form associations and unions or cooperative societies article 191c of the Constitution of India ensures that every citizen has the right to form Association and unions or cooperative soci societies however under Clause 4 of Article 19 the state is empowered to enact laws imposing reasonable restrictions on this right in the interest of public order morality or the sovereignty and integrity of India the scope of the right to form associations unions or cooperative societies is extensive and encompasses various entities such as political parties clubs societies companies organizations entrepreneurial Ventures and trade unions it is crucial to note that the right to form trade unions while protected does not automatically guarantee an inherent right to effective collective bargaining or the right to strike whether as a part of collective bargaining or otherwise the ability to strike or declare a lockout may be subject to control or restrictions imposed by various industrial legislations such as the industrial disputes act or the trade unions act additionally the right to form an association does not inherently include the right to recognition nor does it Grant the right to strike furthermore the formation of an association does not confer the right to form a rival Union this holds true even even in the context of freedom of Association for government employees the limitations and regulations imposed by relevant industrial legislations play a significant role in defining and restricting the exercise of these rights in order to maintain a balance with broader societal interests Clause four of Article 19 empowers the state to impose reasonable restrictions on the right of free freedom of Association and Union in the interest of public order or morality or sovereignty or Integrity of India it saves existing laws in so far as they are not inconsistent with the fundamental right of Association Next is the freedom of movement within India article 191d of the Constitution of India affirms the right of every Indian citizen to move move freely throughout the territory of India however this right is not absolute and is subject to reasonable restrictions outlined in Clause 5 of Article 19 these restrictions can be imposed in the interest of the general public or for the protection of the interests of any scheduled tribe the Constitution guarantees citizens the freedom to travel unrestricted with within the Indian Territory not only between States but also within the boundaries of the same state any limitations on this Freedom must adhere to the prescribed limits under Article 19 Clause 5 the emphasis of the Constitution is on treating the entire territory as a unified entity for its citizens fostering a national mindset over parochial considerations the grounds for imposing restrictions as specified in Clause 5 of Article 19 include in the interest of general public for the protection of the interests of scheduled tribes next is the freedom to reside and settle anywhere in India article 191e grants every Indian citizen the right to reside and settle in any part of the territory of India however Clause five of Article 19 allows for reasonable restrictions on this right which can be imposed by law in the interest of general public or for the protection of the interest of scheduled tribes the objective is to eliminate internal barriers within the country the phase the territory of India in this context signifies the freedom to reside anywhere within any part of the Indian state it is noteworthy that the right to reide and the right to move freely often complement each other and the restrictions applicable to article 191d are relevant to article 191e as well this right to is subject to reasonable restrictions in the interest of general public or the protection of the scheduled Tripes lastly the freedom to practice any profession or Carry On Any occupation trade or business article 191g of the Constitution provides every citizen the right to practice any profession or Carry On Any occupation trade or business however article 196 specifies the nature of the restrictions that can be imposed by the state on this right while subclause g confers a broad right for individuals to engage in the business of their Choice it does not allow for engaging in illegal activities or securing a specific job or position the state or any statutory body is not obligated to create conditions to make a trade lucrative or attract customers moreover the state under article 196 can regulate professional or technical qualifications necessary for practicing a profession and this regulation is protected under the law the state is also empowered to carry on any trade business industry or service in the interest of the general public excluding or including citizens wholly or partially however this provision does not apply if the state is not involved in any trade overall the state can enact laws imposing reasonable restrictions on the the exercise of this fundamental right in the interest of the general public aligning with the principles of a controlled and planned economy that's all about Article 19 for more reading do refer to the reading material and the references provided thank you