ARTICLE 19

1. INTRODUCTION-

INDIVIDUAL RIGHTS- are legitimate claims recognized and upheld by the people, the law, and society as a
whole. Different types of rights and freedoms are exercised by individuals, allowing them to live life to their fullest
potential. These rights and freedoms encompass a wide range of aspects, including:
 Civil Rights: These rights protect individuals' freedom from infringement by governments, social
organizations, and private individuals. Examples include the right to free speech, the right to privacy, and
the right to a fair trial.
 Political Rights: These rights enable individuals to participate in the political process. This includes the
right to vote, the right to run for public office, and the right to engage in political debate.
 Economic Rights: These rights pertain to the ability of individuals to pursue economic activities and
secure their livelihood. This includes the right to work, the right to fair wages, and the right to own
property.
 Social Rights: These rights ensure that individuals have access to essential services and an adequate
standard of living. Examples include the right to education, the right to health care, and the right to social
security.
 Cultural Rights: These rights allow individuals to freely participate in and preserve their cultural
heritage. This includes the right to practice one's religion, speak one's language, and engage in cultural
traditions.
 Environmental Rights: These rights focus on ensuring that individuals can live in a healthy and
sustainable environment. This includes the right to clean air and water, and the right to live in a safe and
healthy environment.
By exercising these various rights and freedoms, individuals can fully develop their talents, express their identities,
and contribute to society, thereby living their lives to their highest potential.

In medieval times, the state wielded absolute and unrestrained power. However, in modern times, the concept of
limiting and preventing the state from exercising arbitrary and unchecked power has emerged.

RIGHTS IN DIFFERENT CONSTITUTIONS=

In Britain, unlike in India, there is an unwritten constitution that does not explicitly mention fundamental rights. In
case the rights are infringed the judiciary takes action and gives direction against the executive action but cannot
take action against the Legislature. Britain having Parliamentary supremacy and Parliament being the highest
authority ensures the protection of these rights. There is no power of judicial review.
In contrast, India's constitution explicitly enumerates certain fundamental rights that cannot be taken away by the
state, thus upholding the principle of inviolability. The judiciary is empowered to take action against executive
action as well as the legislature in case FRs are abridged. The rights mentioned in the Indian Constitution are
exhaustive and qualified since the Constitution mentions reasonable restrictions on such rights. The Indian
jurisprudence follows the concept of supremacy of the Indian Constitution.
But in the US Constitution, the rights are absolute and involve judicial intervention in case rights are misused. The
US follows the concept of Judicial supremacy. The US Constitution is a written constitution that contains the Bill
of Rights and the courts are competent to declare any law as unconstitutional.

HISTORY OF DEMAND FOR FR IN INDIA-

The political system of any country is a direct outcome of its political history. The challenges and experiences of a
nation shape the needs and current form of its system. After enduring prolonged oppression under British rule, the
leaders of newly independent India recognized the plight of those who had been powerless and underrepresented.
When the Simon Commission reviewed the functioning of the Government of India Act of 1919, a joint committee
was formed that rejected the idea of declaring fundamental rights and proposed establishing India as a
parliamentary system similar to Britain. However, Indian leaders like Motilal Nehru rejected this idea, recognizing
the distinct nature of India's situation. They wanted the Indian system to prioritize the document ie the Constitution
that explicitly enumerated fundamental rights, ensuring its supremacy. These rights were to include individual
liberty (FR) as well as social, economic, and political rights which later took the shape of DPSP as a political
compulsion on the state.
 FRs IN INDIA VS AMERICAN BILL OF RIGHTS-
 The Part 3 of the Indian Constitution exhaustively enumerates the FRs. The 9th Amendment to
the US Constitution mentions that beyond the rights that are already enumerated and
guaranteed, there can be other rights that enjoy the same status as the former. Therefore, it
provides a safeguard to rights that are not enumerated in the Constitution but are enjoyed by
the people. Thus, it talks about the principle of inalienable natural rights which cannot be
 denied or taken away by state action. But the Indian Constitution makes no mention of such
right.
 Right to property was removed as an FR under Article 191f but added to Article 300A and
remains a constitutional right. An aggrieved person can approach the high court under Article
226 in case of infringement but cannot go under Article 32 to the SC and can seek just
compensation. In the US right to property does not warrant compensation in case of loss of
property.

REMEDIES AGAINST INFRINGEMENT OF FR-

It is now settled that the rights which are guaranteed under Articles 19 and 21 are guaranteed against state action and not
against actions of private individuals. In case rights are infringed by state action the aggrieved person can approach the SC
under Article 32 but in case of infringement at the hands of private individuals, the ordinary legal remedies are available not
the constitutional remedies. State action must be understood in a wider state and the meaning of state is given under Article
12.

However, certain rights are available not only against state action but also against the action of private individuals eg. Article
15(2) which talks about equality wrt access to and use of places of public resort, and Article 17 which talks about prohibition
of untouchability, Article 18(3), (4) which talks about the prohibition of acceptance of foreign titles, Article 23 which talks
about prohibition of human trafficking, Article 24 child labor and employment of children in hazardous conditions. Here the
aggrieved party can approach the SC as well as the HC. However, these provisions are not self-executory and are not directly
enforceable since the Constitution does not mention the punishment. The state has to make some laws to give effect to them
and only when such law is violated remedies lie.

RIGHT TO FREEDOM AS A FR

Part III of the Constitution contains ‘Fundamental Rights’ (Articles 12 to 35) entailing its citizens with various basic rights
which act as a shield from any undue interference by the State authorities in the personal and professional life of individuals.
One such Article of Fundamental Rights is Article 19 of the Indian Constitution which provides protection of certain rights
The right to Freedom enshrined in Art. 19 is one of the most cherished values of human beings. It is the ability to act, speak,
think, and choose without external constraints or interference. Freedom is essential for developing one’s personality,
creativity, and potential. Freedom is also a prerequisite for democracy, as it enables people to participate in the governance of
their country and express their opinions and grievances. In India, the right to freedom is a fundamental right guaranteed by
the Constitution of India. It is enshrined in Part III (Article 19-22) of the Constitution and is considered the cornerstone of
democracy and human dignity. The right to freedom includes six freedoms that are subject to reasonable restrictions imposed
by law in the interests of sovereignty, security, public order, morality, etc

Article 19 is one of the most important pillars of Indian democracy, which guarantees its citizens the essential freedom that
an individual and society would require for better functioning. These guaranteed rights not only help individuals to grow but
also encourage the exchange of ideas, fostering social and public engagements, and most importantly encourage individuals
to take active participation in the democratic process. By protecting the very essence of the mentioned liberties, Article 19
has empowered the citizens of the country with democratic principles i.e. equality, fairness, and justice. While framing the
Constitution of India, it was thought to provide individuals the right to protect and safeguard their rights like that of speech,
assembly, etc. It was this thought that appeared in the draft of the Constitution and finally in the original Constitution.
However, restrictions made during the drafting of this article were a major point of discussion, as according to some, these
restrictions were so wide that they are making no difference than that of the colonial era.

Article 19 confers fundamental rights on citizens. A statutory right - as distinguished from a fundamental right - conferred on
persons or citizens is capable of being deprived of or taken away by legislation. The fundamental rights cannot be taken
away by legislation; legislation can only impose reasonable restrictions in the exercise of the right. These rights are great and
basic rights, which are recognized and guaranteed as natural rights, inherent in the status of a citizen of a free country.

It is also called “entrenched rights” because they are guaranteed by a written Constitution, so that “entrenched rights”
because they are guaranteed by a written Constitution so that they cannot be taken away or abridged without amending
the Constitution itself or is called “Constitutional rights” because they are enforceable by remedies specified in
the Constitution apart from remedies prescribed by ordinary law. Yet, there cannot be any liberty absolute in nature and
uncontrolled in “operations” so as to confer a right wholly free from restraint. Had there been no restraints, the rights and
freedom may tend to become the synonyms of anarchy and disorder. The Founding Fathers, therefore, conditioned the
enumerated rights and freedoms reasonably, and such reasonable restrictions are found to be enumerated in clauses (2) to (6)
of Article 19. But these rights, though fundamental, are subject to restriction on grounds of public order, decency, morality or
other public interest, which may compendiously described as “Social Welfare”. Individual liberty will be subordinated to the
social interests. The Fundamental Rights themselves have no fixed content and the attempt of the Court should be to expand
and reach the ambit of the Fundamental Rights. The Constitution is required to be kept young, energetic and alive. Most of
the Fundamental Rights are empty vessels into which each generation must pour its content in the light of experiences.

Even if a right is not specifically mentioned in Article 19 (unenumerated Rights) it may still be a Fundamental Right covered
by some of the articles, but only if it is an integral part of a named Fundamental Right or partakes the same basic nature and
character as that of fundamental right.

OVERVIEW OF ARTICLE 19-

Article 19 of the Indian Constitution sets forth several rights for its citizens, which are subject to certain reasonable
restrictions.

1. Freedom of speech and expression (Article 19(1)(a));

2. Freedom to assemble peacefully and without arms (Article 19(1)(b));
3. Freedom to form associations, unions, or co-operative societies (Article 19(1)(c));
4. Freedom to move freely throughout the territory of India (Article 19(1)(d));
5. Freedom to reside and settle in any part of the territory of India (Article 19(1)(e)), and
6. Freedom to practice any profession, or to carry on any occupation, trade or business (Article 19(1)(g)).

OBJECTIVE OF THE ARTICLE-

The Article was thus intended to protect these rights against State action other than in the legitimate exercise of its power to
regulate private rights in the public interest. Violation of Fundamental Rights by individuals is not within the purview of the
Article, unless such private action is supported by the State, in any form. Figuratively, belief, thought and expressions are
three angles of a triangle which cannot be separated from one another. Belief occupies a place higher than thought and
expression. Belief of people rests on liberty of thought and expression.

ANALYSIS OF ARTICLE 19-

1. Article 19(1)(a)- guarantees the freedom of speech and expression to all citizens. Freedom of speech and
expression is the foundation of a democratic society and is one of the most cherished rights of a citizen. It
empowers the individual to express their views and thoughts without any fear or censorship, and thereby,
contributes positively towards the development of the nation. Various mediums are also provided to the citizens
like that of media, newspapers, article writing or any other means of communication to express and share opinions.
However, it is also to be noted that such a right comes with certain reasonable restrictions in order to protect other
rights including misuse of rights guaranteed under this right. The expression ‘freedom of speech and expression’
has a wide connotation.
 Freedom of the press: Freedom of the press is perhaps the most important freedom under the right to
free speech and expression, and is also recognized as the “fourth pillar of the Indian Constitution”.
Freedom of the press does not find an explicit mention in the Constitution. However, in the case of Brij
Bhushan and Anr. vs. The State of Delhi (1950) it has been indisputably held to be an important aspect of
the freedom of speech and expression and is implied under Article 19(1)(a). it includes-
 There can be no pre-censorship in the press;
 No stoppage of publication in newspapers of articles or matters of public importance;
 Freedom of circulation
 No excessive taxes on the press

In the landmark case of Romesh Thappar v. The State Of Madras (1950), the Supreme Court observed
that, “freedom of speech and of the press lay at the foundation of all democratic organizations, for
without free political discussion, no public education, so essential for the proper functioning of the
processes of popular government, is possible”. The Court in this case held that the freedom of circulation
is as important as the freedom of publication. Also, in another judgement, it was held that Freedom of the
press is both qualitative and quantitative. Freedom lies both in circulation and in content.

 Right to know and to obtain information: This is one of the important rights as it enables transparency
by allowing citizens with the right to ask the government, further empowers the authorities to have a
 look at activities of the government, which further gives the citizens the right to participate effectively in
the democracy. It is a basic postulate of a democracy that every citizen must have a right to know about
what the government is doing. It is only when the public is aware of the acts of government that
transparency and accountability in governance can prevail. In India, we have the Right to Information
Act, 2005 which provides for the right of a citizen to secure access to information which is under the
control of public authorities.
In the State of U.P. v. Raj Narain (1975), the Supreme Court observed that the right to know is derived
from the concept of freedom of speech. The Court further held that the people of this country have the
right to gather information regarding every act, or any modification so far done by the authorities within
their role to serve the general public.
 Right to know the antecedents of the candidates at election: In Union of India v. Association For
Democratic Reforms (2002), the Hon’ble Supreme Court held that the voters have a fundamental right to
know the antecedents of the candidate contesting election including his/her criminal past. Further, to
maintain transparency in the election processes, it was held in the case of Brajesh Singh vs. Sunil Arora
(2021) that candidates with criminal antecedents mandatorily have to publish details within 48 hours of
the selection of the candidate or within 2 weeks before filing the first nomination. This case thereby,
highlights the importance of Article 19 which provides its citizens freedom to speech and expression
along with various other rights.
Furthermore, in the recent case of Lourembam Sanjit Singh vs Thounaojam Shyamkumar & 3 Others,
(2022), the concern was raised against the non-disclosure of past history of criminal record of the
respondent which resulted in his disqualification from the election. It was therefore held that, where right
to vote is an important part of a voter’s fundamental right, it is equally important for the voters to know
their candidates antecedents which also includes criminal history.
 Right to reply: The Right to reply is the concept which provides medium to individual to acknowledge
misrepresentation or defamation or any infringement of their privacy through the same media where
original content was published or presented. This is one of the important rights as it helps media houses
in reporting fairness, transparency, accuracy and also provides individuals and legal entities, opportunity
in addressing any allegations or criticism made against such individuals.

In LIC v. Prof. Manubhai D. Shah (1992), the Supreme Court ruled that the right to reply, including the
right to get that reply published in the same news media in which something was published against or in
relation to a citizen, is protected under Article 19(1)(a).
 Right to silence: Right to speak includes the right not to speak or the right to remain silent. In Bijoe
Emmanuel v. State of Kerala (1986), the Supreme Court upheld the right to silence of three children who
were expelled from school because they refused to sing the National Anthem. The Court held that no
person can be compelled to sing the National Anthem if he has genuine conscientious objections based
on his religious belief. Hence, the right to speak and the right to express includes the right not to express
and to be silent.

 Right to fly the national flag: In the case of Union of India v. Naveen Jindal (2004), the Supreme Court
held that flying the National Flag with respect and dignity is an expression and manifestation of one’s
allegiance and feelings and sentiments of pride for the nation and therefore, is a fundamental right
protected under Article 19(1)(a). However, the flying of the National Flag cannot be for commercial
purposes or otherwise and can be subject to reasonable restrictions.

 Sedition Laws: The concept of this law refers to the action or use of language that incites the violent
behaviour against the government or governmental authority which can lead to disruption of peace in the
society. In India this law has got its mention in Indian Penal Code under section 124A as per which
“Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise,
brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards,
the Government established by law in India, shall be punished with imprisonment for life, to which fine
may be added, or with imprisonment which may extend to three years, to which fine may be added, or
with fine”.

2. CHALLENGES TO RTF
 The conflict between individual freedom and social responsibility: Sometimes, the exercise of one’s
freedom may affect the rights and interests of others or the society at large. For example, the freedom of
speech and expression may lead to hate speech, fake news, defamation, etc. that may harm the
reputation, dignity, or security of others or the nation. Similarly, the freedom of religion may lead to
 communal violence, conversion, blasphemy, etc. that may disturb the public order or secular fabric of the
country. Therefore, there is a need to balance individual freedom with social responsibility and respect
for others’ rights.
 The misuse and abuse of state power: Sometimes, the state may misuse or abuse its power to curtail or
violate the right to freedom of citizens for its own interests or motives. For example, the state may
impose unreasonable restrictions on the freedom of speech and expression or the freedom of assembly
and association in the name of national security or public order. Similarly, the state may arrest or detain
citizens without following due process of law or subject them to torture or custodial violence in violation
of their right to life and personal liberty. Therefore, there is a need to check and prevent the misuse and
abuse of state power and ensure accountability and transparency in its functioning.
 The lack of awareness and education: Many citizens are not aware of their right to freedom and its
implications. They are also not educated about their duties and obligations towards the state and society.
This leads to ignorance, apathy and indifference towards this right and its protection and enforcement.
Therefore, there is a need to raise awareness and education among citizens about their right to freedom
and its importance for democracy and human dignity.