article 19 presentation

Constitution of India

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 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;

(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 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.

Article 13, Draft Constitution of India 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 practise 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 practising any profession or carrying on any occupation, trade or business.

Article 19, Constitution of India 1950

(f) to acquire, hold and dispose of property; and

(2) Nothing in sub-clause (a) of clause (1) 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, libel, slander, defamation, contempt of court or any matter which offends against decency or morality or which undermines the security of, or tends to overthrow, the State.

(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 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 public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

Draft Article 13 (Article 19, Constitution of India 1950) was debated on 1 and 2 December 1948 , and 16 and 17 October 1949 . It laid down the right to certain freedoms with certain restrictions.

The discussion primarily focused on 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 that there must exist limitations on the same in certain circumstances. These supporters of the restrictions placed on the freedoms maintained that such restrictions are necessary to ensure the unhampered functioning of the Constitution and the State, particularly in light of the sociopolitical situation at the time.

Other members were gravely concerned that the restrictions provided in this Draft Article greatly curtailed the extent of the freedoms enjoyed under it. A member argued that the restrictions were so wide that the situation would not be too different from what it was under colonial rule.

Multiple amendments were proposed to this Draft Article. Predictably, most of them 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 Drafting Committee 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 too was accepted without significant debate.

Third, at a much later sitting of the Assembly, when the Draft Article had already been adopted, a Drafting Committee 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. A member resented the further curtailment on the freedom of speech and expression, opposing this amendment on the grounds that judges may misuse the same. The amendment was however, adopted .

A number of other amendments were rejected by the Assembly.

The Draft Article was adopted with the initial amendments on 2 December 1948, with a further amendment being made on 17 October 1949.

• IAS Preparation
• UPSC Preparation Strategy
• Freedom Of Speech

Freedom of Speech - Article 19(1)(a)

The Constitution of India guarantees freedom of speech and expression to all citizens. It is enshrined in Article 19(1)(a). This topic is frequently seen in the news and is hence, very important for the IAS Exam . In this article, you can read all about Article 19(1)(a) and its provisions.

Article 19(1)(a)

According to Article 19(1)(a): All citizens shall have the right to freedom of speech and expression.

• This implies that all citizens have the right to express their views and opinions freely.
• This includes not only words of mouth, but also a speech by way of writings, pictures, movies, banners, etc.
• The right to speech also includes the right not to speak.
• The Supreme Court of India has held that participation in sports is an expression of one’s self and hence, is a form of freedom of speech.
• In 2004, the SC held that hoisting the national flag is also a form of this freedom.
• Freedom of the press is an inferred freedom under this Article.
• This right also includes the right to access information because this right is meaningless when others are prevented from knowing/listening. It is according to this interpretation that the Right to Information (RTI) is a fundamental right.
• The SC has also ruled that freedom of speech is an inalienable right adjunct to the right to life (Article 21). These two rights are not separate but related.
• Restrictions on the freedom of speech of any citizen may be placed as much by an action of the state as by its inaction. This means that the failure of the State to guarantee this freedom to all classes of citizens will be a violation of their fundamental rights.
• The right to freedom of speech and expression also includes the right to communicate, print and advertise information.
• This right also includes commercial as well as artistic speech and expression.

You can read all about Fundamental Rights at the linked article.

Importance of Freedom of Speech and Expression

A basic element of a functional democracy is to allow all citizens to participate in the political and social processes of the country. There is ample freedom of speech, thought and expression in all forms (verbal, written, broadcast, etc.) in a healthy democracy.

Freedom of speech is guaranteed not only by the Indian Constitution but also by international statutes such as the Universal Declaration of Human Rights (declared on 10th December 1948) , the International Covenant on Civil and Political Rights, the European Convention on Human Rights and Fundamental Freedoms, etc.

• This is important because democracy works well only if the people have the right to express their opinions about the government and criticise it if needed.
• The voice of the people must be heard and their grievances are satisfied.
• Not just in the political sphere, even in other spheres like social, cultural and economic, the people must have their voices heard in a true democracy.
• In the absence of the above freedoms, democracy is threatened. The government will become all-too-powerful and start serving the interests of a few rather than the general public. 
• Heavy clampdown on the right to free speech and free press will create a fear-factor under which people would endure tyranny silently. In such a scenario, people would feel stifled and would rather suffer than express their opinions.
• Freedom of the press is also an important factor in the freedom of speech and expression.
• The second Chief Justice of India, M Patanjali Sastri has observed, “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 process of Government, is possible.”
• In the Indian context, the significance of this freedom can be understood from the fact that the Preamble itself ensures to all citizens the liberty of thought, expression, belief, faith and worship.
• Liberal democracies, especially in the West, have a very wide interpretation of the freedom of speech and expression. There is plenty of leeways for people to express dissent freely.
• However, most countries (including liberal democracies) have some sort of censorship in place, most of which are related to defamation, hate speech, etc.
• The idea behind censorship is generally to prevent law and order issues in the country.

To know more in detail about the Constitution of India , visit the linked article

The Need to Protect Freedom of Speech

There are four justifications for freedom of speech. They are:

• For the discovery of truth by open discussion.
• It is an aspect of self-fulfilment and development.
• To express beliefs and political attitudes.
• To actively participate in a democracy.

Restriction on Freedom of Speech

Freedom of speech is not absolute. Article 19(2) imposes restrictions on the right to freedom of speech and expression. The reasons for such restrictions are in the interests of:

• Sovereignty and integrity of the country
• Friendly relations with foreign countries
• Public order
• Decency or morality
• Hate speech
• Contempt of court

The Constitution provides people with the freedom of expression without fear of reprisal, but it must be used with caution, and responsibly.

Freedom of Speech on Social Media

The High Court of Tripura has held that posting on social media was virtually the same as a fundamental right applicable to all citizens, including government employees. It also asserted that government servants are entitled to hold and express their political beliefs, subject to the restrictions laid under the Tripura Civil Services (Conduct) Rules, 1988.

In another significant judgment, the HC of Tripura ordered the police to refrain from prosecuting the activist who was arrested over a social media post where he criticized an online campaign in support of the Citizenship Amendment Act (CAA), 2019 and warned people against it. The High Court held that these orders are in line with the very essence of the Indian Constitution.

Hate Speech

The Supreme Court of India had asked the Law Commission to make recommendations to the Parliament to empower the Election Commission to restrict the problem of “hate speeches” irrespective of, whenever made. But the Law Commission recommended that several factors need to be taken into account before restricting a speech, such as the context of the speech, the status of the maker of the speech, the status of the victim and the potential of the speech to create discriminatory and disruptive circumstances.

Freedom of Speech in Art

In relation to art, the court has held that “the art must be so preponderating as to throw obscenity into a shadow or the obscenity so trivial and insignificant that it can have no effect and may be overlooked.” 

There are restrictions in what can be shown in cinemas and this is governed by the Cinematograph Act, 1952. You can read more about this and the Censor Board in India here.

Safeguards for Freedom of Speech and Expression under Article 19(2)

The Constitution of India guarantees freedom of speech and expression to all its citizens, however, these freedom are not absolute because Article 19 (2) of the constitution provides a safeguard to this freedom under which reasonable restrictions can be imposed on the exercise of this right for certain purposes. Safeguards outlined are discussed below-

Article 19(2) of the Indian constitution allows the state to make laws that restrict freedom of speech and expression so long as they impose any restriction on the –

• The state’s Security such as rebellion, waging war against the State, insurrection and not ordinary breaches of public order and public safety.
• Interest id Integrity and Sovereignty of India – this was added by the 16 th  constitutional amendment act under the tense situation prevailing in different parts of the country. Its objective is to give appropriate powers to impose restrictions against those individuals or organizations who want to make secession from India or disintegration of India as political purposes for fighting elections.
• Contempt of court: Restriction can be imposed if the speech and expression exceed the reasonable and fair limit and amounts to contempt of court.
• Friendly relations with foreign states: It was added by the First Amendment Act, 1951 to prohibit unrestrained malicious propaganda against a foreign-friendly state. This is because it may jeopardize the maintenance of good relations between India and that state.
• Defamation or incitement to an offense: A statement, which injures the reputation of a man, amounts to defamation. Defamation consists in exposing a man to hatred, ridicule, or contempt. The civil law in relating to defamation is still uncodified in India and subject to certain exceptions.
• Decency or Morality – Article 19(2) inserts decency or morality as grounds for restricting the freedom of speech and expression. Sections 292 to 294 of the Indian Penal Code gives instances of restrictions on this freedom in the interest of decency or morality. The sections do not permit the sale or distribution or exhibition of obscene words, etc. in public places. However, the words decency or morality is very subjective and there is no strict definition for them. Also, it varies with time and place.

Need of these Safeguards of Freedom of Speech & Expression

• In order to safeguard state security and its sovereignty as a speech can be used against the state as a tool to spread hatred.
• To strike a social balance. Freedom is more purposeful if it is coupled with responsibility.
• Certain prior restrictions are necessary to meet the collective interest of society.
• To protect others’ rights. Any speech can harm a large group of people and their rights, hence reasonable restrictions must be imposed so that others right is not hindered by the acts od one man.

Right to Information

As mentioned before, the right to information is a fundamental right under Article 19(1). The right to receive information has been inferred from the right to free speech. However, the RTI has not been extended to the Official Secrets Act. For more on the RTI, click here .

Freedom of Speech – Indian Polity:- Download PDF Here

UPSC Questions related to Freedom of Speech

Yes, freedom of speech is a fundamental right guaranteed under Article 19(1)(a).

Article 19 of the Constitution guaranteed the right to freedom. Read more here .

The 7 fundamental rights are:

• Right to equality
• Right to freedom
• Right against exploitation
• Right to freedom of religion
• Cultural and educational rights
• Right to constitutional remedies

On what grounds can the State limit Freedom of Speech?

The state can limit Freedom of Speech on the following grounds

• Friendly Relations with Foreign Countries
• National Security
• Integrity and Unity of the State

You can know more about the topics asked in the exam by visiting the UPSC Syllabus page. Also, refer to the links given below for more articles. 

Related Links

Leave a Comment Cancel reply

Your Mobile number and Email id will not be published. Required fields are marked *

Request OTP on Voice Call

Post My Comment

IAS 2024 - Your dream can come true!

Download the ultimate guide to upsc cse preparation.

• Share Share

Register with BYJU'S & Download Free PDFs

Register with byju's & watch live videos.

Article 19 of Indian Constitution – Right to Freedom

As citizens of India, we have certain fundamental rights . Fundamental Rights are enshrined under Part III of the Constitution of India . These fundamental rights are basic rights that we get right from birth. No individual or the State can take the same away from us. There are six Fundamental Rights in total namely, Right to Equality (Article 14-18), Right to Freedom (Article 19-22), Right against exploitation (Article 23 and 24), Right to Freedom of Religion (Article 25-28), Cultural and Educational Rights (Article 29 and 30) and Right to Constitutional Remedies (Article 32).

In this article, we will only take a closer look at Article 19, which deals with six fundamental freedoms.

Article 19 of the Indian Constitution prescribes and protects the following kinds of freedoms to all citizens of India –

a) Freedom of speech and expression.

b) Freedom to assemble peacefully and without arms.

c) Freedom to form associations or unions.

d) Freedom to move freely throughout the territory of India.

e) Freedom to reside and settle in any part of the territory of India.

f) Freedom to practise any profession, or to carry on any occupation, trade, or business.

Article 19(1)(a) – Freedom of Speech and Expression –

Freedom of speech is an indispensable element of any democratic country. It is the basis of civilization, and without it, liberty of thought would shrivel. Freedom of speech and expression provides the right to express one’s opinion freely without any fear through any medium. The word “press” is also included under this provision.

Article 19(1)(b) – Freedom of Assembly –

The Constitution allows us the right to hold meetings and take out processions. These processions and meetings may be restricted in the interest of public order or sovereignty.

This article has also been revived and interpreted by the Apex Court several times. Section 144 (6) of the CrPC, can be imposed by the Government of India in some areas which make the assembly of five or more people an unlawful assembly.

This provision was challenged in the case of Kamla Kant Mishra and Ors. v. The state of Bihar on the ground that it violates Article 19(1) of the Constitution of India.

Article 19(1)(c) – Freedom of Association or Union –

The Constitution of India declares that all citizens of India shall have the right to form associations and unions. The Constitution of India declares that no citizen has a fundamental right under Article 19(1)(c) to be a voluntary association or a cooperative society. The right to be a member of the same is governed by the provisions of the statute. So, the right to be or to continue being a member of any society is a statutory right.

Article 19(1)(d) – Freedom to move freely throughout the territory of India –

No person can be restricted to move from one part of the State to another. The freedom of movement under Article 19 allows us to move from one state to another and anywhere within the State. There are certain exceptions to this freedom too.

Article 19(1)(e) – Freedom to reside and settle in any part of the territory of India –

As citizens of India, we can reside in any part of the country, which is subject to certain restrictions imposed by the State. An Indian Citizen can reside in any state except the state of Jammu and Kashmir.

Article 19(1)(g) – Freedom to practice any profession, or to carry on any occupation, trade or business –

The Constitution of India guarantees each citizen the right to conduct trade, profession, business, or occupation anywhere in the territory of India.

Also, Part 12 (Article 301-307) of the Constitution of India lists down the provisions relating to trade, commerce, and intercourse. Its objective is to remove barriers in the way of Interstate and Intra-state commercial and trading links.

Protection under Article 19(1)(g) is available to only the citizens of India, whereas, article 301 is available to everybody.

Reasonable Restrictions –

Every freedom comes with restrictions, without which there would be complete chaos in the society. Similarly, Article 19 also provides for ‘reasonable restrictions’ on these freedoms. Therefore, these rights are conditional. The State has the authority to reasonably limit or takes away these six rights on the following grounds –

• Freedom of Speech and Expression
• Sovereignty and Integrity of India.
• Security of the State.
• Friendly relations with foreign States.
• Public order.
• Contempt of court.
• Defamation.
• Incitement to an offense.
• Freedom to assemble peacefully and without arms
• Public Order.
• Freedom to form associations or unions
• Sovereignty and Integrity of India
• Public order
• Freedom to move freely throughout the territory of India
• Interests of the general public
• Protection of the interests of any Scheduled Tribe
• Freedom to reside and settle in any part of the territory of India
• Freedom to practice any profession, or to carry on any occupation, trade or business
• State prescribed professional or technical qualifications
• State-run trade, business, industry, or service that excludes the participation of citizens or others either completely or partially.

CONCLUSION –

The Right to Freedom is one of the most important Fundamental Rights under the Constitution of India. Without freedom, there can’t be any democratic setup. People will not be able to grow and develop if they do not have the freedom to do anything. At the same time, providing people with absolute freedom could be very dangerous. It is important to put restrictions on freedom so that people don’t misuse their rights and co-exist with others peacefully. The State thus acts as a source of limiting the freedom of individuals. Our Constitution has very nicely mentioned the freedoms and the grounds on which they can be limited. This balance of power is necessary.

Try our Debt Resolution solutions today       Request a Demo

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Article 19 of Indian Constitution, Articles, Provisions, Reasonable Restrictions

Article 19 of the Constitution of India guarantees six fundamental freedoms to every citizen of India. Know more about Article 19 of Indian Constitution, Articles & Provisions for preparation of UPSC.

Table of Contents

Article 19 of Indian Constitution

The natural and fundamental freedoms that these six rights represent are only available to citizens, or to natural persons who have the legal status of citizens. These freedoms and rights are not absolute, but they are nonetheless subject to some reasonable restrictions.

Initially, the Constitution of India provided seven freedom rights under Article 19 of Indian Constitution, but the 44 th Constitutional Amendment Act 1978 by Indian Government omitted Article 19(1)(f) Right to Acquire, hold and dispose of Property, presently it is under Article 300A and is reduced merely to a constitutional right.

Read More: Right to Equality

Article 19 of Indian Constitution Clauses

Every Indian citizen is entitled to six essential freedoms under Article 19 of Indian Constitution , including:

• Article 19(1)(a) Freedom of speech and expression
• Article 19(1)(b) Freedom of assembly
• Article 19(1)(c) Freedom of association
• Article 19(1)(d) Freedom of movement
• Article 19(1)(e) Freedom to residence and settlement
• Article 19(1)(f) Right to Acquire, hold and dispose of Property (Repealed)
• Article 19(1)(g) Freedom of profession, occupation, trade or business

Read More:  Articles 12 and 13

Article 19(1)(a) of Indian Constitution

Article 19(1)(a) and 19(2): All citizens have the right to freedom of speech and expression under Article 19(1)(a) of Indian Constitution. One of the citizens’ most prized rights is their freedom of speech and expression, which is the cornerstone of a democratic society. It is the first prerequisite for freedom and has a significant impact on how the general population feels.

Freedom of Speech & Expression Meaning

The right to express oneself through any means, including speaking, writing, images, signs, and the internet, is known as freedom of speech and expression. The right to be informed and to express their opinions, as well as the right to possess an opinion has been ensured to every citizen of India.

Freedom of Speech and Expression Scope

The courts have acknowledged a number of aspects of the right to free speech and expression. The following list includes some of the elements or rights that make up freedom of speech and expression.

Freedom of Press : Press freedom is perhaps the most essential freedom right enshrined under the Right to Speech and Expression. Although, it has not been explicitly mentioned in the constitution. Freedom of the press is ensured with the following:

• No, restrictions on the publication of articles on matters of public importance
• There should be no pre-censorship in the press.
• They have freedom for circulation of newspapers.
• No excessive tax to be imposed on the press etc.

Although, this right is insured with some reasonable restrictions in the interest of Justice under Article 19(2) of the Indian Constitution. In Bennett Coleman & Co v. Union of India (1972) case the Supreme Court held that the right to free speech and expression of the people is represented through press freedom. In both circulation and content, freedom exists.

Right to Know and to Obtain Information : Supreme Court in State of U.P. v. Raj Narain (1975), held that the right to know is derived from the concept of freedom of speech. The Court further ruled that the citizens of this nation have a right to know about every public act and everything that their public functionaries conduct in a public fashion.

Every citizen must have a right to know what their government is doing; this is a fundamental tenet of democracy. Transparency and accountability in governance can only flourish when the general public is informed of the actions of the government. The Right to Information Act of 2005 finally recognised the right to know, receive, and share information as a component of freedom of speech and expression.

Right to Remain Silent : The freedom of speech extends to the freedom of silence as well. The Supreme Court ruled in Bijoe Emmanuel v. State of Kerala (1986) that students who chose not to sing the National Anthem did not break any laws because there is no law that can be used to restrict their freedom of speech and expression.

Freedom of Speech and Expression Restrictions

Free speech and expression are not absolute rights and are subject to appropriate limitations. Article 19(2), imposes reasonable restrictions on the following grounds:

• Security of Nation
• Sovereignty and Integrity
• Friendly relations with a foreign nation
• For maintaining public order, morality etc.
• Contempt of court
• Defemination
• Incitement of an offence

Read about: Article 14 of Indian Constitution

Article 19(1)(b) of Indian Constitution

Article 19(1)(b) and 19(3): The Freedom to Assemble peacefully and without weapons assemble is granted by Article 19(1)(b) of Indian Constitution. This includes the freedom to conduct processions, hunger strikes, and public meetings. However, the meeting must be nonviolent and free of weapons.

The Supreme Court overturned a provision that allowed the police commissioner to impose a complete ban on all public gatherings and processions in Himmat Lal v. Police Commissioner, Bombay (1972). It was decided that the state could only enact laws to support citizens’ rights to assemble and could apply reasonable restrictions to maintain public order, but no law could be established outright forbidding any meetings or processions.

Freedom of Assembly Restrictions

Under Article 19(3), reasonable restrictions can be imposed on the ground:

• To protect the sovereignty and integrity of India, or
• To maintain public order and morality in the country.

Other Restrictions : A magistrate may halt an assembly, meeting, or procession under CrPC Section 144 if there is a chance that it will disturb the law and order. The IPC Section 141, restricts a group of five or more individuals from gathering at a place that is illegal if its purpose is to:

• Against any law that the government is enforcing
• Take possession of another person’s property without permission,
• Criminal trespass,
• Compel someone to carry out a prohibited action, or
• Impede the proper execution of any legal obligations.

Read about: Article 15 of Indian Constitution

Article 19(1)(c) of Indian Constitution

Article 19(1)(c) and 19(4): The ability to organise into organisations, unions, or cooperative societies is provided for under Article 19(1)(c). An association is a collection of people who have banded together to accomplish a certain goal, whether it is for the members’ benefit, the welfare of the public at large, a scientific, charitable, or any other reason.

Since without this right, political parties that are essential to a democracy’s operation cannot be founded, the freedom to form associations is seen as the lifeblood of democracy.

Freedom to Form Associations or Unions

The right to form organisations and unions includes the freedom to found companies, societies, trade unions, partnership enterprises, clubs, etc. The right encompasses all aspects of an association’s formation, administration, and operation, going beyond simple creation. Article 97 of the 2011 Constitutional Amendment Act authorised the founding of cooperative societies.

No Right to Strike: Supreme Court held that the trade unions have no guaranteed right to effective bargaining or right to strike or right to declare a lockout

T.K. Rangarajan vs. State of Tamil Nadu 2003: In this case, the Supreme Court held that government officials don’t have the statutory or fundamental rights to strike.

Freedom to form Associations Restrictions

Reasonable Restrictions: Article 19(4) imposes reasonable restrictions on Freedom to form Association on the following grounds:

• To protect the sovereignty and integrity of India
• To maintain public order and morality

Read More: Article 16 of Indian Constitution

Article 19(1)(d) of Indian Constitution

Article 19(1)(d) and 19(5): Article 19(1)(d) of Indian Constitution ensures an Indian citizen’s freedom of movement throughout the nation. A person has the freedom to migrate between states and between locations inside a state. This privilege upholds the notion that, in terms of its citizens, India is a single entity. Therefore, the goal is to advance nationalism rather than localism.

Article 19(5): It provides dual grounds for imposing reasonable restrictions on this freedom, namely, the interests of the general public and the protection of interests of any scheduled tribe.

Dimensions of Freedom of Movement

Freedom of movement has two dimensions,

• Internal movement is the right to move inside the country which is protected by Article 19.
• External movement right to move out of the country and the right to come back to the country: which is protected by Article 21.

Read about: Constitution Day of India

Article 19(1)(e) of Indian Constitution

According to Article 19(1)(e) of Indian Constitution, every citizen has the freedom to reside and settle in any part of the Indian territory. This right has two parts, firstly; Right to reside in any part of the country, which means to stay at any place temporarily, and secondly; the Right to settle in any part of the country has been ensured to Indian Citizens, which means to set up a home or domicile at any place permanently. This right is focused to remove barriers within the country or between any of its parts. This promotes nationalism and avoids narrow-mindedness.

Article 19(5): I t imposes reasonable restrictions on the exercise of this right on two grounds, namely, the Interest of the general public and the protection of interests of any scheduled tribes.

Read More: Overseas Citizenship of India

Article 19(1)(g) of Indian Constitution

Under Article 19(1)(g) of Indian Constitution, the right to practice any profession and to engage in any occupation, trade, or business is guaranteed to all citizens of India. This right is extremely broad because it encompasses every source of income.

Article 19(6) : In the interest of the general public, it places reasonable restrictions on the use of this power. In addition, the State has the authority to establish the professional or technical requirements for carrying out any employment, trade, or company, for instance. B.Ed can be necessary to become a teacher.

Secondly, it is free to conduct any trade, company, industry, or service without (completely or partially) excluding citizens. Therefore, there can be no complaints where the State operates a trade, company, industry, or service as a whole or partial monopoly; to the full or partial exclusion of citizens; or in rivalry with any citizen. It is not necessary for the state to defend its monopoly. Examples include Indian Railways and ISRO.

This right does not include the freedom to practice an unethical (such as trafficking in women or children) or hazardous profession, business, trade, or occupation (harmful drugs or explosives, etc,). These are totally subject to state prohibition or licensing-based regulation. For instance, online gambling.

Article 19 of Indian Constitution UPSC

The Supreme Court stated in the seminal decision of Maneka Gandhi v. Union of India (1978) that it is feasible for a right to be covered by an article 19(1) clause even if it is not expressly included in any of those clauses. This is accurate since Article 19(1)(a) implicitly mentions the freedom of the press as one of those crucial essential rights.

Sharing is caring!

What is Article 19 of Indian Constitution?

Article 19 of Indian Constitution guaranties the six fundamental freedom rights only to the Indian citizens.

What is Article 19(1)(a) of the Indian Constitution?

Article 19(1)(a) of the Indian constitution ensues Freedom of speech and expression to the Indian citizen.

What id the restriction of Article 19(1)(a)?

Article 19(2) imposes reasonable restrictions on the following grounds • Security of Nation • Sovereignty and Integrity • Friendly relation with foreign nation • For maintaining public order, morality etc. • Contempt of court • Defemination • Incitement of an offences

What is Article 19(1)(b) of the Indian Constitution?

Article 19(1)(b) of the Indian Constitution ensures the citizens by providing Freedom of forming Assembly.

• indian polity

Leave a comment

Your email address will not be published. Required fields are marked *

Save my name, email, and website in this browser for the next time I comment.

• UPSC Online Coaching
• UPSC Exam 2024
• UPSC Syllabus 2024
• UPSC Prelims Syllabus 2024
• UPSC Mains Syllabus 2024
• UPSC Exam Pattern 2024
• UPSC Age Limit 2024
• UPSC Calendar 2024
• UPSC Syllabus in Hindi
• UPSC Full Form

Recent Posts

• UPPSC Exam 2024
• UPPSC Calendar
• UPPSC Syllabus 2024
• UPPSC Exam Pattern 2024
• UPPSC Application Form 2024
• UPPSC Eligibility Criteria 2024
• UPPSC Admit card 2024
• UPPSC Salary And Posts
• UPPSC Cut Off
• UPPSC Previous Year Paper

BPSC Exam 2024

• BPSC 70th Notification
• BPSC 69th Exam Analysis
• BPSC Admit Card
• BPSC Syllabus
• BPSC Exam Pattern
• BPSC Cut Off
• BPSC Question Papers

IB ACIO Exam

• IB ACIO Salary
• IB ACIO Syllabus

CSIR SO ASO Exam

• CSIR SO ASO Exam 2024
• CSIR SO ASO Result 2024
• CSIR SO ASO Exam Date
• CSIR SO ASO Question Paper
• CSIR SO ASO Answer key 2024
• CSIR SO ASO Exam Date 2024
• CSIR SO ASO Syllabus 2024

Study Material Categories

• Daily The Hindu Analysis
• Daily Practice Quiz for Prelims
• Daily Answer Writing
• Daily Current Affairs
• Indian Polity
• Environment and Ecology
• Art and Culture
• General Knowledge
• Biographies

IMPORTANT EXAMS

• Terms & Conditions
• Return & Refund Policy
• Privacy Policy

Quality Legal Services

Article 19 of the Indian Constitution

Home       Articles       Article 19 of the Indian Constitution

May 3, 2018

A. 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; and

f) Omitted by the 44 th Amendment Act

g) To practice 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 4 [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 4 [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 5 [sub-clauses (d) and (e)] of the said clause shall affect the operation of any existing law in so far as it imposes, or prevents 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, 6 [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 the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or 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].

B. EXPLANATION WITH LANDMARK CASES:

1. Freedom of Speech and Expression : Article 19 of the Constitution provides freedom of speech which is the right to express one’s opinion freely without any fear through oral/written/electronic/broadcasting/press. Freedom of expression includes Freedom of Press. It covers the blogs and websites too.

Landmark case:

Maneka Gandhi v. Union of India: Freedom of speech and expression has no geographical limitation and it carries with it the right of a citizen to gather information and to exchange thought with others not only in India but abroad also.

2. Freedom of Assembly : The constitution guarantees right to hold meetings and take out processions. The processions and meetings should be unarmed and peaceful. This right may be restricted in the interest of the public order or sovereignty and integrity of the country. This Article has also been reviewed and interpreted by the Supreme Court many times.

3. Freedom of Association: The Constitution declares that all citizens will have the right to form associations and unions.

T.K. Rangarajan v. State of Tamil Nadu: Right to form association does not carry the right to strike.

4. Freedom of Movement: The freedom of Movement is guaranteed by the Constitution and citizens can move from one state to another and anywhere within a state. A person free to move from any point to any point within the country’s territories. There are certain exceptions such as Scheduled Tribe areas and army areas.

Kharak singh v. State of UP: Watching and shadowing of suspects for the purpose of keeping record of their movement and activities & Domiciliary visits.

5. Freedom of Residence: An Indian citizen is free to reside in any state except from Jammu & Kashmir. Again this is subject to certain restrictions.

Ibrahim Wazir v. State of Bombay: Indian citizen came to India without permit and was arrested and deported to Pakistan by the Government.

6. Freedom of Trade and Occupation: The Constitution of India guarantees each of its citizens to do trade, Occupation or business anywhere in the country.

P.A. Inamdar v. State of Maharashtra: Education is an occupation.

• News & Events
• Presentation
• Recent Deals
• Uncategorized

Join Our List To Stay In Touch

Leave your email id to receive regular updates on corporate law changes that have impact on businesses.

Samisti Legal is a corporate law firm with an experienced set of inter-disciplinary legal professionals with an unwavering focus on providing advice based on the business intent.

PRACTICE AREAS

• General Corporate Advisory & Contract Management
• Transaction Advisory, Mergers & Acquisitions
• Private Equity Practice
• Indian Entry Services for Foreign Investors
• Intellectual Property Services
• Regulatory Approvals & Representations
• Human Resource Law
• Corporate Secretarial Services
• Capital Markets
• Real Estate Services

T-202, Technopolis, 1-10-74/B, Above Ratnadeep Super Market, Chikoti Gardens, Begumpet, Hyderabad, Telangana 500016.

Helpline: +91 - 9553688330

Email: [email protected]

Mon to Sat: 9.30 Am to 6.00 Pm

C-13, Modinagar, Mathuradas Road, Kandivali (West), Mumbai – 400067.

Flat 202, 2nd Floor Iona, Nautilus, Near Sabari School off Vasana Road, Vadodara, Gujarat 390007.

Hyderabad Office

Mumbai office, vadodara office, thank you for visiting our website., for regular updates, please follow us on:.

Article 19 A Freedom of Speech and Expression

Dec 30, 2019

50 likes | 56 Views

Speech is God's gift to mankind .Freedom of expression and speech is fundamental rights playing vital role in exercising and protecting others rights. Freedom of speech and expression means the right to express individuals own convictions and opinions freely by words of mouth, writing, pictures, or any other modebasically freedom of expression and speech means right is regarded as the first condition of liberty .It is truly said that about the freedom of speech and expression that it is a mother of all other liberties. However, freedom of expression can be abused in certain situations and it transfers into a completely opposite phenomenon. Certain individuals and groups can express ideas on superiority of a certain race, religion or nation, with the intention to humiliate all those not belonging to u017etheir" group, as well as to incite to exile, isolation and even genocide. In such cases, freedom of expression is interpreted too broadly and transfers into a hate speech. These phenomena highlight the discussion on freedom of expression, its limitations and abuse of this freedom. "The transition we are in and the situation with the media, including the poor "word culture, is fertile ground for such public dissemination or fuelling of hatred, without any sense of responsibility for the uttered word, which becomes the main generator of the social climate of intolerance and prejudice on national, ethnic and other grounds, which is emerging as a general psychological framework for expansion of all forms of hate crimes from physical to verbal and psychological violence Surbhi Suryavanshi "Article 19(A) Freedom of Speech and Expression" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-2 | Issue-5 , August 2018, URL: https://www.ijtsrd.com/papers/ijtsrd17131.pdf Paper URL: http://www.ijtsrd.com/management/law-and-management/17131/article-19a-freedom-of-speech-and-expression/surbhi-suryavanshi<br>

Share Presentation

Presentation Transcript

International Research Research and Development (IJTSRD) International Open Access Journal Article 19(A) Freedom of Speech and Expression Surbhi Suryavanshi Department of Law, Indore Institute of Law, Indore, Madhya Pradesh, India International Journal of Trend in Scientific Scientific (IJTSRD) International Open Access Journal ISSN No: 2456 ISSN No: 2456 - 6470 | www.ijtsrd.com | Volume 6470 | www.ijtsrd.com | Volume - 2 | Issue – 5 Article 19(A) Freedom of Speech a nd Expression Department INTRODUCTION Speech is God’s gift to mankind .Freedom of expression and speech is fundamental rights playing vital role in exercising and protecting others rights. Freedom of speech and expression means the right to express individuals own convictions and opinions freely by words of mouth, writing, pictures, or any other modebasically freedom of expression and speech means right is regarded as the first condition of liberty .It is truly said that about the freedom of speech and expression that it is a mother of all other liberties. However, freedom of expression can be abused in certain situations and it transfers into a completely opposite phenomenon. Certain individuals and groups can express ideas on superiority of a certain race, religion or nation, with the intention to humiliate all those not belonging to „their“ group, as well as to incite to exile, isolation and even genocide. In such cases, freedom of expression is interpreted too broadly and transfers into a hate speech. These phenomena highlight the discussion on freedom of expression, its limitations and abuse of this freedom. “The transition we are in and the situation with the media, including the poor “word” culture, is fertile ground for such public dissemination or fuelling of hatred, without any sense of responsibility for the uttered word, which becomes the main generator of the social climate of intolerance and prejudice on national, ethnic and other grounds, which is emerging as a general psychological framework for expansion of all forms of hate crimes- from physical to verbal and psychological violence:1” Freedom of Expression and Speech –Meaning and Freedom of Expression and Speech Scope Article 19 (a) of Indian constitution say that all citizen shall have right to freedom of expression and speech but under Article 19(2) law imposing reasonable restrictions on the exercise of that right in the interests of the security of the state, friendly relations with foreign states, public order decency or morality, contempt of court, defamation, incitement to an offence, or sovereignty and integrity of India. One of the most basic elements of a healthy democracy for it allows its citizen to participate fully and effectively in the social and political process of the country .In fact the freedom of speech and expression gives greater scope and meaning to the citizenship of a person extending the concept form the level of basic existence to giving the person a polit and social life.4Freedom of speech and expression this right is available only to a citizen of India and not to foreign nationals. It is important to note that the scope of the “freedom of speech and expression” in Article 19(1) (a) of the Constitution has been expanded to include the right to receive and disseminate information. It includes the right to communicate and circulate information through any medium including print media, audio, television broadcast or electronic media5. Speech is God’s gift to mankind .Freedom of expression and speech is fundamental rights playing vital role in exercising and protecting others rights. Indian constitution say that all citizen shall have right to freedom of expression and speech2 but under Article 19(2) law imposing reasonable restrictions on the exercise of that right in the interests of the security of the state, friendly relations with foreign states, public order decency or morality, defamation, incitement to an offence, or sovereignty and integrity of India.3 on means the right to express individuals own convictions and opinions freely by words of mouth, writing, pictures, or any other modebasically freedom of expression and speech means right is regarded as the first condition about the freedom of speech and expression that it is a mother of all other One of the most basic elements of a healthy democracy for it allows its citizen to participate fully effectively in the social and political process of the country .In fact the freedom of speech and expression gives greater scope and meaning to the citizenship of a person extending the concept form the level of basic existence to giving the person a political Freedom of speech and expression this right is available only to a citizen of India and not to It is important to note that the scope of the “freedom of speech and expression” in Article However, freedom of expression can be abused in certain situations and it transfers into a completely opposite phenomenon. Certain individuals and groups deas on superiority of a certain race, religion or nation, with the intention to humiliate all those not belonging to „their“ group, as well as to incite to exile, isolation and even genocide. In such cases, freedom of expression is interpreted too and transfers into a hate speech. These phenomena highlight the discussion on freedom of expression, its limitations and abuse of this freedom. “The transition we are in and the situation with the including the poor “word” culture, is fertile ground for such public dissemination or fuelling of hatred, without any sense of responsibility for the uttered word, which becomes the main generator of the social climate of intolerance and prejudice on onal, ethnic and other grounds, which is emerging psychological framework for expansion n has been expanded to include the right to receive and disseminate information. It includes the right to communicate and circulate information through any medium including print media, audio, television broadcast or electronic 2https://www.lawteacher.net/free essays/constitutional-law/freedom expression-constitutional-law- 3https://www.lawctopus.com/academike/freedo speech-and-expression 4https://www.lawctopus.com/academike/freedom speech-and-expression/ 5https://www.lawctopus.com/academike/freedom speech-and-expression/ https://www.lawteacher.net/free-law- law/freedom-of-speech-and- -essay.php from physical to verbal https://www.lawctopus.com/academike/freedom-of- https://www.lawctopus.com/academike/freedom-of- 1http://www.legalserviceindia.com/legal/article freedom-of-speech-and-expression.html http://www.legalserviceindia.com/legal/article-77- expression.html https://www.lawctopus.com/academike/freedom-of- @ IJTSRD | Available Online @ www.ijtsrd.com @ IJTSRD | Available Online @ www.ijtsrd.com | Volume – 2 | Issue – 5 | Jul-Aug 2018 Aug 2018 Page: 1430

International Journal of Trend in Scientific Research and Development (IJTSRD) ISSN: 2456-6470 Under the Freedom of Speech and Expression, there is no separate guarantee of freedom of the press and the same is incorporated into the freedom of expression, which is given on all citizens (Virender Vs. Province of Punjab, A. 1958, SC. 986 and Sakal Papers Vs. Association of India A.1962 S.C. 305). It has additionally been by this judgment that freedom of the press under the Indian Constitution isn't higher than the freedom of an ordinary citizen. Historical Background of Freedom of Speech and Expression Freedom to express and disseminate one’s opinion is a demand of the European enlightenment on the State which took its root initially in England within the framework of common law precedents.7 At the end of the 18th century, freedom of expression of opinion expanded through the first basic rights proclamations. In the context of English legal position, section 12 of the Virginia Bill of Rights, 1776, declared that the freedom of the press is one of the great bulwarks of liberty and can never be restrained by despotic Governments. Contrary to the English tradition of Parliamentary supremacy the 1st Amendment of the Constitution of United States binds Parliament also. The Congress shall make no law abridging the freedom of speech or of the press. In Article II of the French Declaration of the Rights of Man and of the Citizen, 1789, in the sense of enlightenment, the freedom of opinion was proclamed as a human right “the unrestrained communication of thoughts or opinions being one of the most precious rights of man. Every citizen may speak, write and publish freely, provided he be responsible for the abuse of this liberty, in the cases determined by law. In the 19th century, the German States guaranteed freedom of opinion in their constitutions within the framework of general criminal laws mostly by express prohibition of subjecting the press to censor.8 The Federal Constitutional Court has held that for a free democratic State the basic right to freedom of expression of opinion is an “essential constituent because only it enables permanent intellectual discussion, i.e. combat of opinions which are its life breath.”,6 Scope of Freedom of Speech And Expression The legal has been developing the region secured by the principal ideal to freedom of speech and expression. Freedom of speech and expression is a fundamental element that a majority rule government keeps running with. For any majority rules system to flourish, individuals must be given the liberty to express their inclination without any restrictions. This imperative element of the freedom of speech and expression is cherished to the Indian citizens by Article 19(1) (a) of the Constitution of India. It gives that all citizens independent of shading, statement of faith and religion have the privilege to bring their voice up in issues of importance or generally without any limitation inside or without. This freedom comes in for the assumption that reasonability of men comes above everything else, and each person, by his/her own circumspection and knowledge comprehends what is great or bad. Freedom of Press According to Article 19 (a) of the constitution of India guarantees the freedom of speech and expression but not expressly included the freedom of press. The phrase ‘speech and expression’ is of very wide connotation, ‘expression’ naturally presupposes a second party to whom the ideas are expressed or communicated. But it is implied that freedom of speech and expression includes freedom of press also. The freedom of expression, thus, includes the freedom to propagate one’s own views and the views of others and freedom to communicate views to others.7 That opportunity is guaranteed by flexibility of their distribution and course. So, the right to speak freely and expression incorporates the freedom of the press.41 Unlike the American Constitution, Article 19(1) (a) of the India Constitution does not particularly or independently accommodate freedom of the press .The freedom of press means as medium of publication and is closely linked with freedom of person and independency of judiciary. Ground of Restrictions on Freedom on Freedom of Speech and Expression, 1.Security of state: Security of state is of very importance and a government must have power to impose restrictions on the activity affecting it .Under article 19(2) reasonable restrictions can be imposed on freedom of speech and expression in the interest of security of 6http://shodhganga.inflibnet.ac.in/bitstream/10603/10 2441/9/09_chapter-2.pdf 7http://shodhganga.inflibnet.ac.in/bitstream/10603/10 2441/9/09_chapter-2.pdf @ IJTSRD | Available Online @ www.ijtsrd.com | Volume – 2 | Issue – 5 | Jul-Aug 2018 Page: 1431

International Journal of Trend in Scientific Research and Development (IJTSRD) ISSN: 2456-6470 state.8Anyway the expression "security" is exceptionally urgent one. The expression "security of state" alludes just to genuine and bothered types of open request e.g. resistance, taking up arms against the State, revolt and not normal ruptures of open request and open wellbeing, e.g. unlawful get together, revolt, affray. Subsequently speeches or expression with respect to a person, which actuate to or support the commission of vicious wrongdoings, for example, kill are matters, which would undermine the security of State. 2.Friendly relation with Foreign states: In the present global world a country has to maintain good relationship with other countries. Something which has potential to affect such relationship should be checked by government.9Remembering this thing, this ground was included by the constitution (First Amendment) Act, 1951. The question behind the provision is to preclude unrestrained noxious publicity against a remote inviting state, which may endanger the upkeep of good relations between India, and that state 3.Public order: Next restriction prescribed by constitution is to maintain public order.10This ground was included by the Constitution (First Amendments Act). 'Public order' is an expression of wide undertone and means "that condition of quietness which wins among the individuals from political society because of inner directions authorized by the Government which they have built up.:” 4.Decency and morality: The best approach to express something or to state something ought to be not too bad one. It ought not to influence the morality of the society unfavorably. Our constitution has dealt with this view and embedded decency and morality as a ground. The words 'morality or decency' are expressions of wide importance. Areas 292 to 294 of the Indian Penal Code give cases of restrictions on the right to speak freely and expression in light of a legitimate concern for decency or morality. These segments prohibit the deal or appropriation or show of profane words, and so on in public places. No fix standard is set down till currently with reference to what is moral and profane. The standard of morality shifts now and again and from place to place. 5.Contempt of court: In a vote based nation Legal assumes essential part. In such circumstance it ends up fundamental to regard such establishment and its request. Subsequently, limitation on the freedom of speech and expression can be imposed on the off chance that it surpasses the sensible and reasonable farthest point and sums to contempt of court. As indicated by the Section 2 'Contempt of court' might be either 'civil contempt' or 'criminal contempt.' However now, Indian contempt law was corrected in 2006 to make "truth" a guard. Be that as it may, even after such correction a man can be rebuffed for the statement except if they were made in broad daylight intrigue. Again in Aberrant Expense Professionals Assn. versus R.K. Jain, it was held by court that, "Truth in light of the realities ought to be permitted as a substantial barrier if courts are requested to choose contempt procedures identifying with contempt continuing identifying with a speech or a publication or article". The capability is that such guard ought not to conceal to escape from the outcomes of a consider push to scandalize the court. 6.Defamation: Ones' freedom, be it of any kind, must not influence the reputation or status another individual. A man is known by his reputation more than his riches or whatever else. Constitution considers it as ground to put limitation on freedom of speech. Fundamentally, an announcement, which injures a man's reputation, adds up to defamation. Defamation comprises in presenting a man to disdain, criticism, or scorn. The civil law in identifying with defamation is still unmodified in India and subject to specific exemptions. 7.Incitement to an offence; This ground was additionally included by the constitution (First Amendments) Act, 1951. Clearly, freedom of speech and expression can't give a privilege to induce individuals to submit offense. The word 'offense' is characterized as any demonstration or omission made punishable by law until further notice in force. 8https://www.lawctopus.com/academike/freedom-of- speech-and-expression/ https://www.lawctopus.com/academike/freedom-of-- speech and-expression/ 10https://www.lawctopus.com/academike/freedom-of- -speech and-expression/ @ IJTSRD | Available Online @ www.ijtsrd.com | Volume – 2 | Issue – 5 | Jul-Aug 2018 Page: 1432

International Journal of Trend in Scientific Research and Development (IJTSRD) ISSN: 2456-6470 8.Sovereignty and Integrity of India: To maintain sovereignty and respectability of a state is prime obligation of government. Considering into it, freedom of speech and expression can be confined so as not to allow anyone to challenge sovereignty or to allow anyone to lecture something which will bring about risk to trustworthiness of the country. Does section 66(A) of the IT Act violate Article 19(a) of the constitution of Indian? Section 66A of the IT: Punishment for sending offensive messages through communication services etc. Ant person who send, by means of a computer resource or a communication device, 1.Any information that is grossly offensive or has menacing character; 2.Any information which he knows to be false, but for the purpose of ,inconvenience, danger, obstruction insult ,injury, criminal intimidation ,enmity, hatred, or ill will, persistently by making use of such computer resource or a communicate on device. Any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages11 Article 19(2) law imposing reasonable restrictions on the exercise of that right in the interests of the security of the state, friendly relations with foreign states, public order decency or morality, contempt of court, defamation, incitement to an offence, or sovereignty and integrity of India. causing annoyance In the event that the police consider a tweet or blog 'horribly offensive' or 'of menacing character', or causing 'burden, annoyance, danger, obstruction or insult', they can prosecute the netizen dependable under Section 66A of the IT Act, which conveys a greatest imprisonment of three years. This is surely a break of the fundamental right to speech. CONCLUSION Freedom of speech and expression is one of the basic guarantees provided by civil society .However in modern world right to freedom of speech is not limited to express ones view through words but it also includes circulating ones views in writing or though audiovisual instrumentalities, through advertisements and through any other communication channel .It also comprises of right to information of press etc. It is a right to express and self-realization. Basically freedom of expression and speech means right is regarded as the first condition of liberty .But under 11https://www.quora.com/Does-Section-66-A-of-the- IT-Act-violate-Article-19-1A-of-the-Constitution-of- India @ IJTSRD | Available Online @ www.ijtsrd.com | Volume – 2 | Issue – 5 | Jul-Aug 2018 Page: 1433

• More by User

Freedom of Speech

Freedom of Speech. Political Speech &amp; Freedom of the Press. The Bill of Rights Institute Tribune Tower Chicago, IL, November 7, 2005 Artemus Ward Department of Political Science Northern Illinois University. Political Speech.

588 views • 22 slides

Freedom of Expression Equality Hate Speech

Freedom of Expression Equality Hate Speech . ILGA Europe Annual Conference 18 October 2012, Dublin, Ireland Andrew Smith, Legal Officer, ARTICLE 19. Website: www.article19.org Twitter: @article19law; @access2smith Email: [email protected]. ARTICLE 19 and LGBTI rights.

418 views • 23 slides

Freedom of Expression

Freedom of Expression. Selena Mariscal Gabriel Estrada Per.5. Freedom of Expression- freedom of speech is the freedom to speak without censorship or limitation, or both. Definition of freedom of Expression.

657 views • 11 slides

Freedom of Expression. Aurora Fulp 3/24/14 4 th Period. http://happypress.org/gutenbergs-printing-press-invention/. 1450-Invention of the printing press by Johannes Gutenberg in Germany. http://www.historyguide.org/intellect/savonarola.html.

484 views • 30 slides

Freedom of Expression . Introduction/ What use for free expression. “Freedom of opinion and freedom of expression are indispensable conditions for the full development of the person. They constitute the foundation stone for every free and democratic society.” HR Committee, General Comment 34

571 views • 24 slides

FREEDOM OF EXPRESSION :

FREEDOM OF EXPRESSION :. “ A persons right to express their opinions, and ideas freely through speech, writing, and other ways of communication, but without purposely causing harm to others with false or misleading statements. “ . Yllka Leku. TIME LINE. Freedom of Expression.

304 views • 5 slides

FREEDOM OF EXPRESSION

FREEDOM OF EXPRESSION. 1950-Present. TYPES. Freedom of Assembly Freedom of Association Freedom of Movement Freedom of Religion Freedom of Speech Freedom of the Press Freedom of Thought Freedom of Privacy Freedom of Bear Arms Suffrage Scientific Freedom Academic Freedom. TIMELINE.

549 views • 7 slides

Freedom of Speech. By: Morgan Pippin Lauren Cachat Taylor Donie Paloma Tostado Caroline Auffenberg Maria Ruggirello. Freedom Of Speech For Muslims. James Madison. The Drafter of the First Amendment. Childhood.

286 views • 13 slides

Freedom of EXPRESSION

Freedom of EXPRESSION. Speech/Expression that is ILLEGAL. Clear and Present Danger Libel Slander Obscenity. Libel. Written statement that defames the character of another Must prove the statement was false Public officials must also prove “ actual malice ”. Slander.

936 views • 46 slides

Freedom of Speech.

138 views • 1 slides

Freedom of speech

Freedom of speech.

220 views • 3 slides

Freedom of Expression. Prepared By Najib sani &amp; Muhammad Tajuddeen M. points. Discuss the legal basis for the protection of our freedom of expression. Describe the basis for the importance of anonymous Internet expression. Identify key freedom of speech issues. Terms.

642 views • 17 slides

Freedom of Speech. Introductory Comments. Does “No Law” really mean “No Law?” NO : According to the Court, there are always instances when government may suppress speech. Only Justices Black and Douglas really took a hardcore literal interpretation. The Development of Legal Standards:.

668 views • 48 slides

Freedom of expression

Freedom of expression. Jesus S algado &amp; J ayson O liveros Period 4 th. Freedom of expression. WE ALL HAVE THE RIGHT TO MAKE UP OUR OWN MINDS, TO THINK WHAT WE LIKE, TO SAY WHAT WE THINK, AND SHARE OUR IDEAS WITH OTHER PEOPLE. China.

237 views • 8 slides

Freedom of expression. from the point of view of the case Karsai v. Hungary ECHR 15.12.2009 Outi &amp; Tuija 20.3.2012. Freedom of expression in the Constitution Act of Finland. Section 12 - Freedom of expression and right of access to information

411 views • 13 slides

FREEDOM OF EXPRESSION, SPEECH AND MEDIA

FREEDOM OF EXPRESSION, SPEECH AND MEDIA. How the world views these rights. The history of human communication. Development of language—approximately one million years ago Written communication—4000-3000 B.C. Censorship Homer (8 th century B.C.) “ free expression ”

385 views • 8 slides

Freedom of Expression. 4th Grade. Persuasive. Social Studies. Letter. Kristin Jurewicz. Georgia Writing Test. Persuasive Writing is one possible genre Ideas- 40% Organization- 20% Style- 20% Conventions- 20%. Pre-assessment Prompt.

305 views • 20 slides

Freedom of Expression. Prepared By Joseph Leung. Agenda. Discuss the legal basis for the protection of our freedom of speech. Describe the basis for the importance of anonymous Internet expression. Identify key freedom of speech issues. Terms.

376 views • 19 slides

Freedom of Speech is a wonderful approach administrated by Adtivism for the public. You can express your opinions to public with just creating a message of any category, such as Political, Jobs, Labor and more without any restrain.

238 views • 7 slides

Freedom of Speech. Tinker v. Des Moines 1969 Information obtained from: http://www.splc.org. Tinker v. Des Moines. set the standard for defining the free expression rights of students in America's public schools. Information obtained from: http://www.splc.org. Tinker v. Des Moines.

142 views • 9 slides

Freedom of Expression. Freedom of Expression. Sources Opinions, Expression, Receiving Information, Seeking Information Test for Interference Forms of Expression Limits to Freedom Expression Obscenity in English Law. Freedom of expression and its limits. Danish newspaper Cartoon Jyllands-

419 views • 38 slides

Freedom of Speech. Changing Communications Paradigms. Regulatory Paradigms Internet, BBSs, commercial online services, and the WWW: Not exactly print media. Not exactly broadcast media. Not exactly common carrier. Changing Communications Paradigms. The First Amendment

232 views • 19 slides

Search the United Nations

• Member States

Main Bodies

• Secretary-General
• Secretariat
• Emblem and Flag
• ICJ Statute
• Nobel Peace Prize
• Peace and Security
• Human Rights
• Humanitarian Aid
• Sustainable Development and Climate
• International Law
• Global Issues
• Official Languages
• Observances
• Events and News
• Get Involved
• Israel-Gaza
• Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 ( General Assembly resolution 217 A ) as a common standard of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be universally protected and it has been translated into over 500 languages . The UDHR is widely recognized as having inspired, and paved the way for, the adoption of more than seventy human rights treaties, applied today on a permanent basis at global and regional levels (all containing references to it in their preambles). 

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, therefore,

The General Assembly,

Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. 

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Everyone has the right to life, liberty and security of person.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Everyone has the right to recognition everywhere as a person before the law.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

No one shall be subjected to arbitrary arrest, detention or exile.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

• Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
• No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

• Everyone has the right to freedom of movement and residence within the borders of each state.
• Everyone has the right to leave any country, including his own, and to return to his country.
• Everyone has the right to seek and to enjoy in other countries asylum from persecution.
• This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
• Everyone has the right to a nationality.
• No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
• Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
• Marriage shall be entered into only with the free and full consent of the intending spouses.
• The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
• Everyone has the right to own property alone as well as in association with others.
• No one shall be arbitrarily deprived of his property.

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

• Everyone has the right to freedom of peaceful assembly and association.
• No one may be compelled to belong to an association.
• Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
• Everyone has the right of equal access to public service in his country.
• The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

• Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
• Everyone, without any discrimination, has the right to equal pay for equal work.
• Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
• Everyone has the right to form and to join trade unions for the protection of his interests.

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

• Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
• Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
• Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
• Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
• Parents have a prior right to choose the kind of education that shall be given to their children.
• Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
• Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

• Everyone has duties to the community in which alone the free and full development of his personality is possible.
• In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
• These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Universal Declaration of Human Rights (UDHR)

• Text of the Declaration
• History of the Declaration
• Drafters of the Declaration
• The Foundation of International Human Rights Law
• Human Rights Law

2023: UDHR turns 75

What is the Declaration of Human Rights? Narrated by Morgan Freeman.

UN digital ambassador Elyx animates the UDHR

To mark the 75th anniversary of the UDHR in December 2023, the United Nations has partnered once again with French digital artist YAK (Yacine Ait Kaci) – whose illustrated character Elyx is the first digital ambassador of the United Nations – on an animated version of the 30 Articles of the Universal Declaration of Human Rights.

UDHR Illustrated

Read the Illustrated edition of the Universal Declaration of Human Rights

UDHR in 80+ languages

Watch and listen to people around the world reading articles of the Universal Declaration of Human Rights in more than 80 languages.

Women Who Shaped the Declaration

Women delegates from various countries played a key role in getting women’s rights included in the Declaration. Hansa Mehta of India (standing above Eleanor Roosevelt) is widely credited with changing the phrase "All men are born free and equal" to "All human beings are born free and equal" in Article 1 of the Universal Declaration of Human Rights.

• General Assembly
• Security Council
• Economic and Social Council
• Trusteeship Council
• International Court of Justice

Departments / Offices

• UN System Directory
• UN System Chart
• Global Leadership
• UN Information Centres

Resources / Services

• Emergency information
• Reporting Wrongdoing
• Guidelines for gender-inclusive language
• UN iLibrary
• UN Chronicle
• UN Yearbook
• Publications for sale
• Media Accreditation
• NGO accreditation at ECOSOC
• NGO accreditation at DGC
• Visitors’ services
• Procurement
• Internships
• Academic Impact
• UN Archives
• UN Audiovisual Library
• How to donate to the UN system
• Information on COVID-19 (Coronavirus)
• Africa Renewal
• Ten ways the UN makes a difference
• High-level summits 2023

Key Documents

• Convention on the Rights of the Child
• Statute of the International Court of Justice
• Annual Report of the Secretary-General on the Work of the Organization

News and Media

• Press Releases
• Spokesperson
• Social Media
• The Essential UN
• Awake at Night podcast

Issues / Campaigns

• Sustainable Development Goals
• Our Common Agenda
• Summit of the Future
• Climate Action
• UN and Sustainability
• Action for Peacekeeping (A4P)
• Global Ceasefire
• Global Crisis Response Group
• Call to Action for Human Rights
• Disability Inclusion Strategy
• Fight Racism
• Hate Speech
• Safety of Journalists
• Rule of Law
• Action to Counter Terrorism
• Victims of Terrorism
• Children and Armed Conflict
• Violence Against Children (SRSG)
• Sexual Violence in Conflict
• Refugees and Migrants
• Action Agenda on Internal Displacement
• Spotlight Initiative
• Preventing Sexual Exploitation and Abuse
• Prevention of Genocide and the Responsibility to Protect
• The Rwanda Genocide
• The Holocaust
• The Question of Palestine
• The Transatlantic Slave Trade
• Decolonization
• Messengers of Peace
• Roadmap for Digital Cooperation
• Digital Financing Task Force
• Data Strategy
• Countering Disinformation
• UN75: 2020 and Beyond
• Women Rise for All
• Stop the Red Sea Catastrophe
• Black Sea Grain Initiative Joint Coordination Centre
• Türkiye-Syria Earthquake Response (Donate)
• Israel-Gaza Crisis