Article 19 of the Costitution of India with Case law
📜 Article 19 of the Constitution of India – Protection of certain rights regarding freedom of speech, etc.
Article 19 is one of the cornerstones of Fundamental Rights (Part III of the Constitution). It guarantees six freedoms to all citizens of India.
🧾 Text of Article 19 (as originally enacted):
Article 19(1): All citizens shall have the right—
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions or co-operative societies;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India;
(f) [Omitted] — (right to property — omitted by the 44th Amendment, 1978)
(g) to practise any profession, or to carry on any occupation, trade or business.
⚖️ Article 19(2) to 19(6): Reasonable Restrictions
The freedoms under Article 19(1) are not absolute. Clauses (2) to (6) allow the State to impose reasonable restrictions in the interests of public order, security, decency, morality, etc.
| Clause | Freedom | Grounds of Restriction |
|---|---|---|
| 19(2) | Speech and expression | Sovereignty & integrity of India, security of the state, public order, decency, morality, contempt of court, defamation, incitement to an offence |
| 19(3) | Assembly | Public order, sovereignty & integrity |
| 19(4) | Association | Public order, morality, sovereignty & integrity |
| 19(5) | Movement and residence | Interest of general public, Scheduled Tribes |
| 19(6) | Profession/business | Public interest, professional qualification, trade monopolies |
🧑⚖️ Landmark Case Laws on Article 19
✅ 1. Romesh Thappar v. State of Madras (1950)
Issue: Ban on a journal by Madras govt.
Held: Freedom of speech is essential in a democracy. Public order restriction must be narrowly interpreted.
Importance: First major case under Article 19(1)(a).
✅ 2. Shreya Singhal v. Union of India (2015)
Issue: Constitutionality of Section 66A of the IT Act.
Held: Section 66A struck down as it violated Article 19(1)(a) — vague and broad, not a reasonable restriction under 19(2).
✅ 3. Maneka Gandhi v. Union of India (1978)
Issue: Passport impounded, freedom of movement (19(1)(d)) and personal liberty (Article 21).
Held: Laws affecting rights under Article 19 must also be just, fair, and reasonable under Article 21.
✅ 4. Bennet Coleman & Co. v. Union of India (1973)
Issue: Govt. limited newsprint usage.
Held: This indirectly restricted freedom of press under Article 19(1)(a), and was unconstitutional.
✅ 5. Indian Express Newspapers v. Union of India (1985)
Issue: Import duty on newsprint challenged.
Held: Freedom of the press is part of freedom of speech; indirect controls (like heavy tax) violate Article 19(1)(a).
✅ 6. Bijoe Emmanuel v. State of Kerala (1986)
Issue: Children who didn’t sing national anthem in school (Jehovah's Witnesses).
Held: No compulsion to sing — right to freedom of expression includes right to remain silent.
📌 Key Takeaways:
| Aspect | Details |
|---|---|
| Applies to | Only citizens of India |
| Nature | Not absolute — subject to reasonable restrictions |
| Protected by | Judicial interpretation and constitutional safeguards |
| Removed right | Right to Property (19(1)(f)) removed by 44th Amendment, 1978 |
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