Right to freedom

2. FUNDAMENTAL FREEDOMS
Personal Liberty is the most important of all Fundamental Rights.
Article 19 of the Constitution
Guarantees to the citizen of
India the following 6
Fundamental Freedoms
1.Freedom of Speech &
Expression
2.Freedom of Assembly
3.Freedom to form
Association/Union/Co-
operative societies.
4.Freedom of Movement
5.Freedom to Reside & to
Settle
6.Freedom of
Profession/Occupation/
Trade

3. FREEDOM OF SPEECH & EXPRESSION
 It means the rights to express one’s own convictions & opinions freely by
words. And it includes the expression of one’s idea through any
communicable medium. And it Indispensable in Democracy.
 Article 19 (1)(a) says that all citizen shall have the right to freedom of
speech and expression. But this right is subject to limitation provided
under Article 19 (2) which empowers the state to reasonable restriction
such as .. Security of state, friendly relation with other countries, public
order, defamation & integrity and sovereignty of India.
 Four special purpose to serve:
(1) It help individual, to attain self-fulfilment
(2) It assists in discovery of truth.
(3) It strength capacity of individual to participate in
decision making.
(4) It helps to established balance between stability & social challenges.

4. FREEDOM OF ASSEMBLY
 Article 19 (1)(b) guarantees to all citizens of India right to assemble peaceably
and without arms. The rights of assembly includes the rights to hold meeting
and to take out processions.
 This Rights is subjected to following restriction: (1) The assembly must be
peaceable, (2) It must be unarmed, (3) Article 19 (3) - Reasonable restrictions
can be imposed for interest of Sovereignty & integrity of India or Public order.
FREEDOM TO FORM ASSOCIATION/CO-OPERATIVE
SOCIETIES
 Article 19 (1)(c) of the constitution of India guarantees to all its citizen the
rights to form Association/Union/Co-operative societies. This guaranteed is not
merely the right to form association but also to continue with the association
as such. The freedom to form association implies also the freedom to form or
not to form , to join or not to join, an association or union.

5. b
 Like other freedom, the right of association, is not unrestricted. Article 19 (4)
empowers the state impose reasonable restriction on the rights of association in
interest of people or morality or sovereignty and integrity of India.
FREEDOM OF MOVEMENT
 Article 19 (1)(d) guarantees to all citizens of India the right to move freely
through out the territory of India. The constitution guarantees the citizen to go
anywhere in the Indian territory freely. They can move not merely form one place
to another but also from one place to another within the same state. This
freedom can not be curtailed by any law except within the limits prescribed
under the article.
 Grounds of Restriction: Article 19 (5) impose reasonable restriction on the
freedom of movement.
[1] In the interest of General Public. [2] for protection of interest of Scheduled
Tribes

6. FREEDOM OF RESIDENCE
 Article 19 (1)(e) says that every citizen of India has the right to reside and settle
in any part of the territory of India. The words “the territory of India” as used in
this Article indicate freedom to reside anywhere and in any part of the state of
India.
 It is noted that the right to reside and right to move freely throughout the
country are complementary and often go together. Therefore, most of the
cases considered under Article 19(1)(d) are relevant to Article 19(1)(e).
 Article 19 (6) gives a reasonable restriction on this right to protect the interest
of General Public & Scheduled Tribes. The object of this clause is to remove the
internal barriers within the India or any of it part.
 The Freedom of Residence & Movement may be suspended during an
emergency.

7. FREEDOM OF PROFESSION,OCCUPATION,
TRADE or BUSINESS
 Article 19 (1)(g) guarantees that all citizens shall have the right to practice
any profession, or to carry on any occupation, trade or business. However,
the right to carry profession, trade or business is not unqualified. It can be
restricted & regulated by authority of law.
 The State can:-
(a) Impose reasonable restriction for protection.
(b) Prescribe professional/technical qualification for practising any
profession/trade.
(c) Enabling the state to carry on any trade/business to exclusion of citizen
wholly/partially.