Article 19- Freedom of Speech and Expressions in India with Reasonable Restrictions

Introduction

While framing the Constitution of India, It was thought to provide the individuals the rights to protect and safeguard their personal rights like that of speech and expressions etc. The idea behind enacting Art-19 is to realise the importance of an individual’s view, to express one’s thoughts and to form associations with the reasonable restrictions. The rights guaranteed by Article 19 are available to citizen only and not to an alien or a foreigner.

Article 19 of Indian Constitution

Art-19 of the Indian Constitution sets several rights for its citizens, which are subject to certain reasonable restrictions in order to protect the integrity and sovereignty of its people, and also to maintain friendly relations, security, decency, morality, public order and prevent defamation or any kind of incitement to crime.

SPONSORED

Art-19(1) of the Constitution of India guarantees six fundamental freedoms to every citizen of India, namely:

i) Freedom of speech and expression (Art. 19(1)(a))

ii) Freedom to assemble peacefully and without arms U/A-19(1)(b)

iii) Freedom to form associations, unions or co-operative societies U/A-19(1)(c)

iv) Freedom to move freely throughout the territory of India U/A-19(1)(d)

v) Freedom to reside and settle in any part of the territory of India U/A-19(1)(e)

vi) Freedom to practise any profession or to carry on any occupation, trade or business U/A-19(1)(g)

Art-19 is one of the most important pillars of Indian democracy, which guarantees its citizens essential freedom that an individual and society would require for better functioning. These six freedoms are not absolute. The Reasonable restrictions may be imposed under law. The restriction on the rights under Art-19(1) can only be imposed by law, and these are given under Art-19(2) to (6). It is the court and not the legislature which have to judge whether a restriction is reasonable or not(Chintamani Rao v. State of MP 1951).

Freedom of Speech and Expression

Article 19(1)(a) secures to every citizen the freedom of speech and expression and should be read with clause (2) which provides that the said right shall not prevent the operation of a law relating to the matters specified therein.

Reasonable restrictions on the right to free speech and expression

The right to free speech and expression is not an absolute right and is subject to reasonable restrictions as per Article 19(2). Restrictions can be imposed on the freedom of speech and expression in the interests of:

1. Sovereignty and integrity of India.
2. The security of the State.
3. Friendly relations with foreign States.
4. Public order, decency or morality.
5. In relation to contempt of court.
6. Defamation.
7. Incitement to an offence.

Ramesh Thappar v. State of Madras

Justice Patanjali observed that Freedom of speech and press lay the foundation of all democratic organizations.

People’s Union for Civil Liberties v. UOI

Telephone tapping violates Art. 19(1)(a) unless it comes within the grounds of restrictions under Art. 19(2).

Freedom of Assembly

Article 19(1)(b) guarantees to all citizen’s ‘the right to assemble peaceably and without arms”. Clause (3) of Article 19 empowers the State to impose reasonable restrictions on the right to assemble in the interests of “the sovereignty and integrity of India” was inserted by the Constitution 16th Amendment Act, 1963.

Reasonable restrictions on right to freedom of assembly

According to Art. 19(3), these could be restricted on the following grounds:

1. In the interest of the sovereignty and integrity of India.
2. In the interest of public order.

Freedom to Form Associations or Unions 

Article 19(1)(c) guarantees to the citizens of India “the freedom to form associations or unions”. Article 19(4) provides that the State may impose reasonable restrictions on the exercise of this freedom in the interests of “the sovereignty and integrity of India” or “public order or morality”. The ground of “the sovereignty and integrity of India” was inserted in Article 19(4) by the Constitution(sixteenth Amendment) Act, 1963.

Reasonable restrictions on right to form associations

According to Art. 19(4), reasonable restrictions can be imposed on the right to form associations, unions and co-operative societies on the following grounds:

1. In the interest of the sovereignty and integrity of India.
2. In the interest of public order or morality.

Freedom of Movement and Residence

Freedom of Movement Article 19(1)(d) guarantees to every citizen of India the right “to move freely throughout the territory of India”. Clause (5) of Article 19 empowers the state to impose, by law, reasonable restrictions on this right in “the interests of the general public” or “for the protection of the interests of any Schedule Tribe”.

Reasonable restrictions on right to freedom of movement and residence

As per Art. 19(5), rights could be restricted on the following grounds:

1. In the interest of the general public.
2. For the protection of the interests of any Scheduled Tribe.

Freedom of Profession, Occupation, Trade and Business

Article 19(1)(g) guarantees to every citizen the right “to practise any profession, or to carry on any occupation, trade or business”. The right is subject to provisions of clause (6) of Article 19.

Definition of Profession, Trade, Business and Occupation The term ‘occupation’ means some activity by which a person is occupied or engaged. It would be an activity of a person undertaken as a means of livelihood or a mission of life.

Reasonable restrictions on freedom of profession, occupation, trade or business

Art. 19(6) provides some restrictions on the following grounds:

1. By imposing reasonable restrictions in the interest of the general public; or
2. By State monopoly – Sub-clause (ii) of Art. 19(6) enables the State to make laws for creating State monopolies either partially or completely in respect of any trade or business or industry or service. The right of a citizen to carry on a trade is subordinate to the right of the State to create a monopoly in its favour.

Also, Sub-clause (i) of Art. 19(6) empowers the State to lay down, by law, the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business.

Case laws of Art. 19

Indian Express Newspapers v. Union of India

The right to know news and information regarding the administration of the government is included in the freedom of speech and expression.

CPI (M) v. Bharat Kumar & Others

A bandh, as declared by a political party or any organization, is illegal. This violates Art. 19(1)(a). Every person has a right to call a hartal, but not a bandh.

Kharak Singh v. State of Uttar Pradesh

The Court held that personal liberty is used in this Article in a comprehensive sense to include within itself all varieties of rights that go to make up the personal liberty of a person.

Anuradha Bhasin v. Union of India

The right to use the Internet is a fundamental right, but it is subject to certain restrictions.

Election Commission of India v.  M. R. Vijay Bhaskar

Under Art. 19(1)(a), freedom of speech and expression includes the publication of court proceedings before, during, and after the trial, even if oral observations have been made by judge.

Conclusion

Article 19 is the cornerstone of India’s democratic framework. It guarantees essential civil liberties such as freedom of speech, movement, association, residence, and profession, enabling citizens to participate freely in political, social, and economic life. However, these freedoms are subject to reasonable restrictions to protect public interest, national security, public order, morality, and the rights of others. The Supreme Court has consistently interpreted Article 19 liberally to preserve democratic values while ensuring a balance between individual liberty and societal interests.