PART-II) NOTE-4-- Right to Freedom (Articles 19 – 22)

- Protection of certain rights regarding freedom of speech etc.

● 6 freedoms given to citizens.

● 19 (1) (a) – Freedom of speech and expression

Express your views by any means whether oral, written or printed.





 est, but not to strike.


The following are the grounds of reasonable restrictions on freedom of speech and
expression-

 Security of the State

 Contempt of court
 Sovereignty and integrity of India
 Public Order
 crime provocation
 Defamation
 Morality
 (viii)Friendly relations with foreign states
 The following are the grounds of reasonable restrictions on freedom of speech
and expression-
 Security of the State
 Contempt of court
 Sovereignty and integrity of India
 Public Order
 crime provocation
 Defamation
 Morality
 (viii)Friendly relations with foreign states
 S. P. Gupta & Ors. v. President of India and Ors. 1982 S. C. later said that
Article 19(1)(a) also includes the 'right to know'. It also includes the right to know
information related to the operation of the government. They cannot be disclosed
only in exceptional cases when it is necessary for the security of the country or in
the public interest.

2010 Delhi 159
 In this case, it was decided by the Delhi High Court that the source of the Right to
Information does not arise from the Right to Information Act. It is a right that
emanates from a constitutional right guaranteed under Article 19(1)(a).
 ewspapers v Union of India 1985 SCC 641 The Supreme Court
ruled that freedom of expression serves four purposes:
 1. Freedom of expression helps in self-promotion of a person.
 2. Freedom of expression helps in the search for truth.
 3. It helps in establishing reasonable harmony in stability and social change.
 4. Freedom of expression strengthens the decision-making capacity of a person.

of West Bengal 1995 SCC 161
 In this case, the Supreme Court ruled that under Article 19(1) (a) freedom of speech
and expression, any citizen has the right to broadcast an eye-to-eye picture of an
event by electronic media, television, radio and the Government But can impose
restriction only on the grounds given in Article 19(2).
 Tata Press Ltd. v Mahanagar Telephone Nigam Ltd. 1995 SCC 138
 In this case the Supreme Court held that commercial speech (advertising) is
a form of freedom of speech and expression under 19(1)(a)(a) and is
restricted only on the grounds mentioned in Article 19(2). can be installed.
 of India A.I.R. 1997 SC 568
 The right to privacy is included in the right to life and personal liberty under Article
21. Telephone taping is a direct interference with a person's right to privacy and
can be used by the state only for public emergency or public safety.

 Every citizen has a fundamental right under Article 19(1) (a) to hoist the flag
on the house, but this right is not absolute. Reasonable restrictions can be
imposed on it under clause (2) of article 19 (a).

 Freedom of speech and expression includes freedom of the press.
 Union of India A.I.R. 1982 SC6
 Freedom of the press also includes the right to know information and news.

 In this case the court declared invalid the law by which the broadcast of a magazine
in a state has been banned. Because it hindered the freedom of circulation of the
magazine. which is an essential element of the freedom of the press.
 India (Marxist) v Bharat Kumar and others A.I.R. 1998 SC
184
 It is unconstitutional and illegal to organize a bandh by political parties. When a
citizen is forcibly prevented from going to work or carrying on his business, his
fundamental rights are violated.

 In this case the Drugs and Magic-Remedies (Objectionable Advertisements) Act,
was passed by the government. The purpose of this act was to control the
advertisement of drugs. The Supreme Court declared the Act valid and ruled that
the advertisement of drugs was outside the scope of Article 19(1)(a). Therefore,
restrictions can be imposed on such advertisements.

 No person can be compelled to sing the national anthem. The right to remain silent
is also enshrined in Article (19) (a).
 ● 19 (1) (b) - Right to peaceful assembly without arms - Organizing meetings,
taking out processions and demonstrations.
 s on the freedom of convention.
 (i) Public Order
 (ii) Sovereignty and Integrity of India ● 19 (1) (c) - Right to form association or union
 -operative society also included by 97th Amendment, 2011
 pany, society, club etc.
 -
 (i) Public Order
 (ii) Public Order
 (iii) Sovereignty and integrity of India
 ● 19(1)(d)-To move freely throughout the territory of India-The right to roam outside
the country is in Article 21.
 ● 19 (1) (e) - Right to reside anywhere in India-Following are the grounds of
restriction on free movement and freedom of residence:
 (i) in the interest of the general public
 (ii) for the protection of the interests of any Scheduled Tribe.
 ● 19(1)(f) - Right to property is omitted from it.-Every citizen of India is free to
acquire, hold and spend property.
 ● 19 (1) (g) – To practice any profession or to carry on any occupation, trade or
business.

 ion of technical knowledge and training may be imposed for a particular
type of business.
 -
 In the interest of the general public-the state can reserve any business or business
to be conducted wholly by itself.
 ● Suspension of Article 19 –
 1. Under Article 358, when emergency is imposed under Article 352, Article 19
automatically stands suspended.
 2. Article 19 does not apply to laws relating to articles 31 (a), (b), (c).
 3. By the 44th Constitutional Amendment, 1978, the right to property has been
removed from the Fundamental Rights and made a legal right under Article 300A.
 landmark
judgments in this case, the Supreme Court declared the controversial amended
Electoral Reform Act unconstitutional and upheld its earlier direction that the
candidates must have their own criminal record, their assets, liabilities and
educational qualifications while filing about eligibility was made mandatory. A
three-judge bench of the Supreme Court held that the right to information of the
voter is an essential part of the fundamental right to freedom of expression
guaranteed in Article 19 of the Constitution and the amendment made in Section
33 of the Representation of the People Act dilutes it. Hence it is unconstitutional.

Chandra Agarwal, 2010 Delhi has held that the source of the Right to Information
does not arise from the Right to Information Act. As held by the Supreme Court in
 many cases. It is a right that arises out of a constitutional right guaranteed under
Article 19(1)(a).
 – In this case, it was held that the
publication of obscene material cannot be completely barred to protect the
innocence of the juvenile. No news can be viewed separately. It should be
considered in its entirety. The publication should be viewed from a holistic
perspective.
 f India, AIR. 1958 SC 578-The Supreme Court
ruled that the press is not exempt from the statutes of taxation and industrial
application.
 -The Supreme
Court clarified that the freedom of the press means freedom from interference by
authority, which will have an effect on the contents of the newspapers and their
publication.
 -The writ petition filed by the
company for violation of fundamental rights under Article 19 is maintainable.
 -Freedom of the press
and expression lies at the foundation of all democratic organisations. In the
absence of free political debate, public awareness of the process of
government cannot be brought about.
 - Right to protection in respect of conviction for offences
 ● 20 (1) – A person shall be deemed to be guilty only if he has contravened any
law for the time being in force and shall be punished for that offence as specified
in the law for the time being in force. That is, there cannot be retrospective
implementation of criminal laws.
 ● 20 (2) – No person shall be prosecuted and punished twice for the same offence.
 This protection is not obtained if the same act violates more than one law, that is,
punishment will be given according to each law.
 ● 20 (3) – A person convicted of an offence cannot be compelled to be witness
against himself.
 This right is not available in civil cases.
 ❖ Note :-
 After the 44th Constitutional Amendment, 1978, the right under Article 20 cannot
be suspended even by passing an order under Article 359.
 ● According to the new system of the court, finger print and handwriting will be
considered as evidence against the person whereas for the examination of an
offence, the person cannot be compelled to do brain mapping, narco test and
polygraph test etc.
 - Protection of life and personal liberty
 ● Right to life and personal liberty
 ● No person shall be deprived of his life or personal liberty except in accordance
with the procedure established by law.
 ● Interpretation of 'procedure established by law' by the court -
 1. A. K. Gopalan vs State of Madras 1950–

 It held that the judiciary would only review those actions of the executive whether
they were in accordance with the procedure established by law.
 The judiciary cannot review the law made by the legislature even if that law is
unreasonable, against natural justice and unjust.
 , the court held that torture and bondage-free life is the right
to life and personal liberty, which was a narrow interpretation.
 2. Maneka Gandhi case, 1978 -
 Supreme Court and 'Procedure
established by law' includes 'due process of law'.

fairness and conformity of the law made by the legislature to natural justice.
 cle 21 provides protection from both the executive and the legislature
actions.

by the Supreme Court, it is not just to live or breathe, but life means a life of dignity.
Therefore, the right to liberty is implicit in the right to life.
● Rights included in the right to life by the Court:

 1. Right to live with human dignity

 2. Right to decent environment – Right to live in pollution free water and air and
protection against harmful industries
 3. Right to livelihood.
 4. Right to Privacy
 5. Right to Shelter
 6. Right to Health
 7. Free education till the age of 14 years
 8. Free Legal Aid
 9. Right against solitary confinement
 10. Right to speedy trial
 11. Right against handcuffing
 12. Right against inhuman treatment
 13. Right Against delayed execution
 14. Right to travel abroad
 15. Right against bonded labor
 16. Right against custodial harassment.
 17. Right to Emergency Medical Aid
 18. Right to timely medical treatment in government hospital
 19. Right not to be driven out of a state
 20. Right to Fair Trial
 21. Right of prisoner’s necessities for life
 22. Right of women to be treated with decency and dignity
 23. Right against public hanging
 24. Right of road in hilly areas
 25. Right to Information
 26. Right to Reputation
 27. Right of Appeal from Judgment of Conviction
 28. Right to Family Pension
 29. Right to Social and Economic Justice and Empowerment
 30. Right against bar fetters
 31. Right to Appropriate Life Insurance Policy
 32. Right to sleep
 33. Right to Freedom from Noise Pollution
 34. Right to Sustainable Development
 35. Right to Opportunity
 -In this case it was held by
the Court that Article 21 has a broader dimension of personal liberty and covers
various rights.

1- Aadhaar held constitutional: - The Supreme Court upheld the constitutional
validity of Aadhaar after reading and striking down certain provisions.
 -The Supreme Court struck
down Section 377 of the Indian Penal Code as unconstitutional as it criminalizes
homosexuality between consenting adults.
 Rights v Union of India, A.I.R. 1982 SC 1473-
The Supreme Court made it clear that non-payment of minimum wages is a
violation of Article .21.
 - The Supreme Court
determined that the right to shelter is a fundamental right under Article 21.
 - The
Supreme Court determined that the right of reproductive choice (the decision to
have or not to have a child) is enshrined in Article 21.
 Parmanand Katara v Union of India, A.I.R. 1989 SC 2039- The Supreme Court
held that all doctors (private or government), are immediately without seeking legal
formalities.
 -The arrest
and detention of an honest debtor who has not knowingly failed despite of
adequate means is a violation of Article 21. That is to say that if the debtor willfully
does not repay the debt, then his arrest will come under judicial review.
 -Bonded
laborers should be identified and rehabilitated.
 648-The right to life does not include
the right to die.
 -Self-
determination of gender is part of personal liberty guaranteed under Article 21.
 I.R. 1978 SC 1548-Right to free legal
aid is an integral part of life and personal liberty.
 -Right to speedy trial
is a fundamental right and it is enshrined in Article 21.
 tate of Punjab, A.I.R. 2009 SC 984-Fair trial includes
fair investigation.
 -Keeping those
prisoners whose cases are under trial in jail with convicted prisoners is a violation
of Article 21.
 kha v State of Rajasthan, AIR. 1997 SC 3011-The Supreme Court laid
down guidelines to prevent sexual harassment of women at the workplace.
 -Right to education at all
levels is a fundamental right enshrined in Article 21.
 -Right to education
is a fundamental right which is enshrined in Article 21 but the right to free education
is available to children only up to the age of 14 years. Thereafter, the responsibility
of the state to provide education will be a matter of economic capacity and
development.
 A.K. Gopalan v. Union of India, AIR. 1950 SC 27-In this case, the Court held
that personal liberty in Article 21 means liberty of the physical body and
nothing else. Procedure established by law does not mean due process of
law. Law means law made by the state and it does not mean that the element
of natural justice should be contained in it.
 & Ors., A.I.R.
2017 SC 4161
 Right to Privacy- The Supreme Court clarified that the right to privacy is a
fundamental right and it is protected under Article 21. The Court further
observed that “Privacy is an integral part of the dignified existence of man,
it is true that it is not mentioned in the Constitution but the Constitution
protects the right to privacy as it is implied under right to life and the right to
personal liberty. The right to privacy will strengthen democracy in
association with other fundamental rights to live with dignity and freedom.
 3 scc 39-The Supreme Court held that
Section 497 of the Indian Penal Code was unconstitutional. The Court held that
 this is a violation of the right to respect of women and thus it is violative of Article
21.
 -The
Supreme Court determined that the right to life also includes the right to
livelihood.
 3361- Sexual,
physical and emotional abuse of children in circus is a violation of Article 21.
 - Compensation was
given by the Supreme Court to the family of the deceased on death due to
beating.
 der Kumar v State of Uttar Pradesh, (1994) 4 SCC 260-The Supreme
Court laid down guidelines for the arrest of persons during investigation.

Indian Council for Envy-Legal Action v Union of India, (1996) 3 SSA 2125
Union. (1996) 3 SCC 212- Right to clean environment is a fundamental right
enshrined under Article 21. Simultaneously, the Supreme Court laid down
various guidelines regarding environmental protection and pollution control.
 -The right to
education should be extended to quality education which does not
discriminate on the basis of any economic, social and cultural background.
 ❖ Note :-
 Right to life does not include right to death.
 ● Article 21A - Right to education


all children in the age group of 6 to 14 years.
 this provision was a Directive Principle of Policy under Article 45.

was enacted by the Parliament.
 ❖ Note :-
 (1) On the imposition of emergency under Article 352, the President can
suspend Article 21 by issuing an order under Article 359.
  (2) By the 44th Constitutional Amendment, 1978, provision was made that
Article 21 cannot be suspended even under Article 359.
 – Protection against arrest and detention in certain cases.—
 (1) No person who is arrested shall be detained in custody without being
informed, as soon as may be, of the grounds for such arrest nor shall he be
denied the right to consult, and to be defended by, a legal practitioner of his
choice.
 (2) Every person who is arrested and detained in custody shall be produced
before the nearest Magistrate within a period of twenty-four hours of such
arrest excluding the time necessary for the journey from the place of arrest
to the court of the Magistrate and no such person shall be detained in
custody beyond the said period without the authority of a Magistrate.
 (3) Nothing in clauses (1) and (2) shall apply— EXCEPTIONS:
 (a) to any person who for the time being is an enemy alien; or
 (b) to any person who is arrested or detained under any law providing for preventive
detention.
 (4) No law providing for preventive detention shall authorise the detention of a
person for a longer period than three months unless—
 (a) an Advisory Board consisting of persons who are, or have been, or are qualified
to be appointed as, Judges of a High Court has reported before the expiration of
the said period of three months that there is in its opinion sufficient cause for such
detention:

Article 22 - Protection from arrest and

detention

1. Punitive Detention

2. Preventive
Detention
on committing an To prevent
offence committing offence
in future

22 (iii) Right to appear before Magistrate within 24 hours (not including travel
time)

● Article 22(3) - Those exceptions who do not have the above rights

(i) Citizens of the enemy alienation.

(ii) a person arrested under the Preventive Detention Act

● 22 (4) – 22 (7) – Preventive detention

security of the nation, the state government can make

preventive detention laws to maintain public order and supply of public services.

(i) The period of detention may exceed three months only so long as the Advisory
Board, which is composed of Judges of the High Court, shows sufficient cause to it.

(ii) The grounds for the detention must be communicated, but may be refused in public
interest.

(iii) The person can make a report in the court against the detention.

❖ Note :-

By the 44th Amendment Act, the period of detention was reduced from three to two
months without the opinion of the Advisory Board, but that system is still not in use.

● Preventive detention laws made by Parliament –

1. Preventive Detention Act, 1950 - (Abolished in 1969)

2. Maintenance of Internal Security Act (MISA), 1971 → repealed in 1978

3. The conservation of foreign exchange and prevention of smuggling activities Act,

1974.

4. National Security Act (RASUKA) NASA, 1980

5. Prevention of black marketing and Supply of Essential Commodities Act, 1980

6. The Terrorist and Disruptive Activities (Prevention) Act (TADA), 1985→ repealed in
1995

7. The Narcotic Drugs and Psychotropic Substances/Prevention of Trade in Drugs

(PITNDPSA) Act, 1988

8. The Prevention of Terrorism Act, (POTA) 2002 repealed in 2004

9. The Unlawful Activities (Prevention) Act, 1967 (UAPA) → amended in 2004, 2008,
2012 and 2019.

PART- III Right against Exploitation (Articles 23 – 24)

- 23 - Prohibition of human trafficking and forced labor

● Article - 23 (1) – Prohibition of Traffic in Human beings and forced labour.