Tag Archives: fundamental rights

Article 19 of the Indian Constitution

Article 19 of the indian constitution guarantees to citizen the following 6 rights

  1. Right to freedom of speech and expression
  2. Right to assemble peacefully and without arms
  3. Right to form associations or unions or cooperative societies.
  4. Right to move freely throughout the territory of india.
  5. Right to reside and settle in any part of the territory of india.
  6. Right to practise any profession or to carry on any occupation, trade or business.

Article 19 has a much wider ambit and SC at various instances reiterated it.

Rights guaranteed under Article 19 are not absolute but are guarded by Reasonable restriction which are mentioned in 19(2) 

Under article 19(2)

  1. Sovereignty and integrity of india
  2. Security of the state
  3. Friendly relation with foreign states
  4. Public order
  5. Decency and morality
  6. Contempt of court
  7. Defamation
  8. Incitement to an offence

Article 19 comes in part 3 of the indian constitution and is a fundamental right

And like some others fundamental rights Article 19 is exclusively available for the citizens of India only.

There is no separate law which provides freedom of speech for media and press so freedom of press also comes under the ambit of article 19, Supreme Court Reiterated it in its numerous judgements.

Freedom of speech also includes right to remain silent or right not to speak,

In  Bijoe Emmanuel v. State of Kerala (1986) SC upheld the right to remain silent of 3 children who used to remain silent and stand peacefully during the national anthem being sung in their school assembly SC held that it is their right under article 19.

Right to speech is necessary for a true democracy.