Constitution of India: Article 19: Protection of certain rights regarding freedom of speech, etc

Apr 28, 2021 - 15:11

Apr 28, 2021 - 21:46

Article 19 Protection of certain rights regarding freedom of speech, etc

(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; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; (g) to practise any profession, or to carry on any occupation, trade or business.

(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India,] the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

(3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

(4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or] public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

(5) Nothing in 1 [sub-clauses (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.

(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,— (i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.

Background

Article 13, Draft Constitution, 1948 (1) Subject to the other provisions of this article, 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; (d) To move freely throughout the territory of India; (e) To reside and settle in any part of the territory of India; (f) To acquire, hold and dispose of property; and (g) To practice any profession, or to carry on any occupation, trade or business.

(2) Nothing in sub-clause (a) of clause (1) of this article shall affect the operation of any existing law, or prevent the State from making any law, relating to libel, slander, defamation, sedition or any other matter which offends against decency. or morality or undermines the authority or foundation of the State.

(3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law, or prevent the State from making any law, imposing in the interests of public order restrictions on the exercise of the right conferred by the said sub-clause.

(4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law, or prevent the State from making any law, imposing, in the interests of the general public, restrictions on the exercise of the right conferred by the said sub-clause.

(5) Nothing in sub-clauses (d), (e), and (f) of the said clause shall affect the operation of any existing law, or prevent the State from making any law, imposing restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any aboriginal tribe.

(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law, or prevent the State from making any law, imposing in the interests of public order, morality or health, restrictions on the exercise of the right conferred by the said sub-clause and in particular prescribing, or empowering any authority to prescribe, the professional or technical qualifications necessary for practicing any profession or carrying on any occupation, trade or business. Draft Article 13 (Article 19, Constitution of India 1950) was debated on 1st December 1948, 2nd December 1948, 16th October 1949, and 17th October 1949.

It laid down the right to certain freedoms with certain restrictions. Members primarily discussed the restrictions placed on the exercise of the freedoms set out in this Draft Article. Some members felt that no right can be absolute and there must exist limitations on the same in certain circumstances. Proponents of the restrictions placed on the freedoms maintained that such restrictions ensure the unhampered functioning of the Constitution and the State. Other members were concerned that restrictions provided in this Draft Article negate the enforcement of the freedoms guaranteed.

A member argued that some restrictions were wide and citizens' right to enforce such freedoms would depend on future legislatures. Multiple amendments were proposed to this Draft Article. The major amendments were in relation to the scope of the restrictions. First, a member proposed an amendment introducing the term ‘reasonable restrictions’ into the Draft Article, which would allow the Courts to review legislation and strike down arbitrary restrictions.

This amendment was adopted. Second, a member advocated that laws on sedition should not operate as a restriction to the freedom of speech and expression. He stated that the term sedition is ambiguous and has been interpreted widely by courts of law. This amendment was accepted without significant debate.

Third, a member recommended that laws on contempt of court be introduced as a restriction on freedom of speech and expression. He felt that freedom of speech should not enable an individual to disregard contempt of court laws. Another member opposed this amendment on the grounds that judges may misuse the same. The amendment was adopted. A number of other amendments were rejected by the Assembly. The Draft Article, as amended was adopted on 2nd December 1949.