This document summarizes key aspects of Article 19 of the Indian Constitution, which protects certain fundamental rights of citizens. It discusses the rights to freedom of speech, assembly, association, movement, residence, and occupation as outlined in Article 19(1). It then examines reasonable restrictions that can be imposed on these rights as per Articles 19(2)-19(6) in the interests of sovereignty, public order, morality, etc. Case laws are cited to illustrate how the Supreme Court has interpreted and applied these rights and restrictions over time. The document provides a concise yet comprehensive overview of the fundamental rights protected by Article 19.

1. Art 19
Protection of certain rights
Vaibhav Sonule
Asst.Prof, School of Law
Alliance University
Bangalore

2. Art 19 (1)
• All citizen shall have the right
(a) to freedom of speech and expression
(b) to assemble peaceably and without arms
(c) to form association or unions
(d) to move freely throughout the territory of
India
(e) to reside and settle in any part of the territory
of India
(g) to practice any profession, or to carry on any
occupation , trade or business.

3. (f) To acquire, hold and dispose of property
[omitted by 44th Amnd, 1978]

4. • Guarantees basic and natural rights.
• These rights liable to control, curtail and
regulate to some extent by Legislature.
• Not applicable to non citizens and
Corporations.

5. Reasonable Restrictions
Art 19 (2) – 19 (6)
• Freedoms are not absolute in nature
• The restrictions can be imposed only by
Authority of law and not by executives alone.
• A restriction must be relate to purpose
mentioned in Article.
• Each restriction must be reasonable.

6. Test of Reasonableness
Papnasam Labour Union v/s Madhura Coats Ltd
AIR 1995 SC 2200
 Not be arbitrary or excessive
Nexus between restriction imposed and object
No universal application
Public welfare
Directive Principal taken into consideration
while applying restrictions.

7. Companies u/A 19
• Art 5
citizen by domicile
citizen by migration
citizen by registration
Citizenship Act, 1955-
Excludes company, association from concept of
Person.

8. • State Trading Corporation v/s Commercial Tax
officer AIR 1963 SC 1811
“ Art. 5 not applicable to Juristic Person.”
Bennett Coleman & Co Ltd v/s Union of India
AIR 1973 SC 106
Companies can claim the benefit u/A 19.

9. The Fundamental Right of shareholders as
citizen are not lost when they associate with
company.
Delhi Cloth and General Mills Ltd v/s UOI
AIR 1983 SC 937
Whether a company can claim benefit u/A 19 is
in vague state. But petition u/A 226 is
maintainable.

10. Art 19 (1) (a) & 19 (2)
Art 19 (1) (a) - Basis of liberty.
It includes
 Right to express in any medium (oral, writing,
movie, etc )
Freedom of communication
 Right to propagate
Right to receive information
Freedom of press

11. Freedom of press
• No provision ensuring Freedom of Press unlike
American Constitution (1st Amnd)
• No distinct privileges from the citizen u/A 19

12. • Sakal Paper v/s UOI AIR 1962 SC 305
SC ruled, order is invalid
Violation of Art 19 (1) (a) because the right to
publish and circulate the publication is inherent
in Article.
The right can not be taken away with the object
of placing restriction on the business activities
It is not related to any of the purpose mentioned
in Art 19 (2).

13. • Bennett Coleman & Co Ltd v/s Union of India
AIR 1973 SC 106
The press has right to free publication and
their circulation without any restrain.
Freedom of press in both qualitative and
quantitative so freedom lies in both
circulation and content.

14. Indian Express Newspaper Pvt Ltd v/s
UOI AIR 1986 SC 515
SC pointed out
The imposition of duty on News print amounts
to imposition of tax on knowledge.
It is in special interest which society has
freedom of speech and expression, the
approach of Govt must be more cautious.
Court directed Govt to reconsider the
notification within six months.

15. SC noted;
Public participation in the Administration
“ Right to know” principal involved

16. Right to know
• Freedom of speech involves Freedom of
Communication and receipt of information
State of Uttar Pradesh v/s Raj Narain AIR 1975
SC 865
• Public concern is important.
• People are entitled to know public transaction
• Secrecy can be legitimately desired

17. • Association for Democratic Reforms v/s UOI AIR 2001 Del 126
Right to know about Electoral candidate.
High Court directed the Election Commission to secure following
details;
 Criminal record of candidate
 Asset
 Educational qualification
In appeal SC upheld the judgment as a part of Art 19 (1) (a) in
UOI v/s Association for Democratic Reforms AIR 2002 SC 501

18. Restriction u/A 19 (2)
• State may impose reasonable restrictions “in
the interest of”
I -- Sovereignty and integrity of Nation, the
security of State, friendly relations with
foreign States and public order ----- National
Interest
II ---- Decency, morality, contempt of Court,
defamation --- Interest of Society

19. Art 19 (1) (b) & Art 19 (3)
Freedom of Assembly
- The assembly must be peaceable
- It must be unarmed
- The State must be impose any reasonable
restrictions in the public order.
• Right to meet peaceably for consultation in
respect of Public affairs
• Power to protect itself against unlawful conduct

20. • Right of public meeting and procession
Lawful meeting
General Invitation
Procession – demonstration in public places
• The mere carrying arms is Lawful
 u/A 25 (1) – carry kirpan by Sikhs but subject to public
order
 Licensed to possess

21. Himmat Lal v/s Police Commissioner
AIR 1973 SC 87
The right to hold meeting in Public places is
subject to the control of appropriate authority
regarding place and time.
The system of licensing is upheld by Court.

22. Art 19 (3)
• Reasonable restriction in the interest of public
order, sovereignty and integrity of Nation.
(Babulal v/s State of Maharashtra AIR 1961 SC
884 )
• Public nuisance
• No right to hold meeting on citizens please.

23. • Sec. 144 Cr.P.C - empower authorities to put
restriction in violation of public order.
• Sec 126 People’s Representation Act, 1951 –
Bans public meetings within constituency on
the date of election.

24. Art 19 (1) (c) & Art 19 (4)
FREEDOM OF ASSOCIATION
International Convention on civil and political Right
, 1966 (Art 22)
European Convention on Human Rights, 1950
(Art 11)
“Freedom of association including right to form and
join trade union.”

25. ART 19 (1) (C)
• Freedom to form association for any lawful
purpose. (companies, trade unions, etc)
• Freedom to choose membership and associate
• Also includes Right to refuse to belong to any
association.
• Object is to regulate freedom in profession
and business and not to make collective
bargaining.

26. All India Bank employee Association v/s National
Industrial Tribunal AIR 1962 SC 171
1. Art 19 can not be used for achieving a
particular object
2. On any object, it would be justified in the
interest of public order.
“Right to strike and collective bargaining are not
fundamental right u/A 19”

27. • Raghudhar Dayal v/s UOI AIR 1962 SC 623
It is not merely the formation of association
but effective functioning of Association.
No union can claim monopoly right.
Right to refuse association
No termination of member except due
process.
Allowed to constitute separate fund

28. SC ruled
• The freedom of Association does not involve
freedom to pursue without restrictions.
• Putting conditions would not affect Freedom
of Association as Parliament has power to
legislate.

29. Art 19 (4)
• Sovereignty
• Integrity
• Public order
• Reasonable restrictions
THE UNLAWFUL ACTIVITES (PREVENTION) ACT,1967
Sec 2(f)
Authorizes Central Govt to declare an association as
unlawful on certain grounds.

30. Art 19 (1) (d) (e) & 19 (5)
FREEDOM OF MOVEMENT AND RESIDENCE
To move freely throughout the territory of
India
• The right to move from any part the Country
to other part
• Freedom from intra State and inter State
• Complementary to Art 5 (single citizenship)

31. Movement
• To secure Right to move freely
• Expelling person out of India or not to move
out of particular area is also violation of Art 19
(1) (d).
(State of M.P v/s Bharat Singh) AIR 1967 SC 1170

32. A.K.Gopalan v/s State of Madras AIR 1950 SC 27
“ The word throughout the territory of India is
used to stretch the ambit of freedom of
movement without any obstruction.”

33. ART 19 (5)
In the interest of General Public
Public Health
Security (protected places)
Public order
Public morals

34. • For the protection of scheduled Tribe
Culture
encroachment in property
Art 244 and 5 Schedule – Administration
and control of scheduled tribes

35. To reside and settle in any part of the territory of
India (Art 19 (1) (e)
• Right to reside within Indian territory.
• To remove internal barriers
• The right of shelter is part of Right of
Residence. (Art 38)
• Integrity of Nation

36. Rajendra v/s State of Madras AIR 1968 sc 1012
No guarantee about equal rights like domiciled in
the State unless such discrimination hit by any
Constitutional provision
Ebrahim v/s State of Bombay AIR 1954 SC 229
The removal of citizen from India on the
subjective satisfaction of executives without
giving opportunity is an Unreasonable
Restriction.

37. Art 19 (1) (g) & Art 19 (6)
Freedom of practice any profession or
occupation, trade or business
• Citizen has right to choose employment
• Art 301 – Freedom of trade , commerce and
Intercourse shall be free
• There is right to carry some business which is
against public interest subject to license of
the State.

38. Art 19 (6)
Interest of general public
(i) Professional or technical qualification
necessary for trade or business
(ii) State may create monopoly (entry 21 of
Concurrent List )

39. Akadasi Padhan v/s State of Orissa AIR 1963 SC
1081
SC Ruled
“Art 19 (6) (ii) protects only those statutory
provisions which are basically and essentially
necessary for creating State monopoly and not
subsidiary or helpful to the operation of State
monopoly”

40. Har Shankar v/s I.T.Commissioner AIR 1975 SC
1121
SC observed
“There is no fundamental right to do trade in
intoxicants. The State under its regulatory
framework has the right to put restrictions or
to prohibit in every form of activity.”