Fundamental Rights
Right to Freedom- Article 19
(Available to citizens only)
Right can be exercised against state only.
Art. Divided into two parts:
19(1)-Gives citizen 6 freedom & liberties & 19(2) gives powers to state to formulate reasonable
restrictions, so that no one take disadvantage of freedom given in clause (1).
19(1)(a) FOSE- Freedom of speech expression-
covers 3 types of rights:
i) Right to receive information
ii) Right to express own ideas
iii) Right to keep any communication as secret
Case Law-Bijoe Emmanuel vs. state of kerala
3 Students of Jehovah belief stood for national anthem but didn’t sung it, principal noticed and
expelled students, students filled petition in HC, HC said this act was disrespect to National anthem,
SLP was made in SC, SC said Jehovah belief people believe that they can participate only in rituals
related to god & those students showed respect towards national anthem by standing in attention
position, this is sufficient. Also they are not guilty of any offence under National Honour Act, 1971.
This means that freedom of speech & expression includes right to remain silent.
Freedom of Press
Freedom of press not mentioned separately in Indian Constitution as Dr. B. R.
Ambedkar said that freedom of press is included in FOSE, because art 19 is derived
from U.S constitutions 1st amendment where heading says freedom of speech or of
press.
Thus. If your idea is based on somebody elses idea then same principle will be used.
Case Law- Brijbhushan v State of Delhi,
Same was discussed in detail in Sakal Papers v UOI – FOP is included in FOSE
FOSE is not absolute right it can be curtailed by reasonable restriction.
Freedom of assembly