This document provides an overview of Article 19 of the Indian Constitution which guarantees certain fundamental rights regarding freedom of speech, expression, assembly, movement, residence, and profession to citizens of India. It discusses these rights and the reasonable restrictions that can be imposed on them under Article 19(2) for purposes like security of the state, public order, decency or morality, contempt of court, defamation, and incitement to offense. It also summarizes key cases like Express Newspapers that have established the importance of freedom of press in a democracy. Overall, the document concisely summarizes the key aspects of Article 19 rights and restrictions in India according to the Indian Constitution and judicial precedents.

1. ARTICLE-19
-SHIVANI SHARMA
-ASSISTANT PROFESSOR
-SARDAR PATEL SUBHARTI INSTITUTE OF LAW

2. ARTICLE-19 Clause 1
• 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
(g) to practice any profession, or to carry on any occupation, trade
or business

3. RIGHT TO FREEDOM OF
SPEECH & EXPRESSION
This Photo by Unknown Author is licensed under CC BY-
SA

4. “Give me the liberty to know, to utter, and to argue freely
according to conscience, above all liberties”.
-John Milton
• The essence of free speech is the ability to think and speak
freely and to obtain information from others through
publications and public discourse without fear of retribution,
restriction, or repression by the government.
• It is through free speech, people could come together to achieve
political influence, to strengthen their morality, and to help
others to be
• The freedom of speech is regarded as the first condition of
liberty. It occupies a preferred and important position in the
hierarchy of the liberty, it is truly said about the freedom of
speech that it is the mother of all other liberties.

5. Cont…
• Article 19(1)(a) of the Constitution of India guarantees
to all its citizens the right to freedom of speech and
expression. The law states that, “all citizens shall have
the right to freedom of speech and expression”.
• Under Article 19(2) reasonable restrictions can be
imposed on the exercise of this right for certain
purposes. Any limitation on the exercise of the right
under Article 19(1)(a) not falling within the four
corners of Article 19(2) cannot be valid.

6. Cont…
• The freedom of speech under Article 19(1)(a) includes the
right to express one’s views and opinions at any issue through
any medium, e.g. by words of mouth, writing, printing,
picture, film, movie etc.
• It thus includes the freedom of communication and the right
to propagate or publish opinion. But this right is subject to
reasonable restrictions being imposed under Article 19(2).
• Free expression cannot be equated or confused with a
license to make unfounded and irresponsible allegations
against the judiciary. (Radha Mohan Lal v. Rajasthan High Court,(2003) 3
SCC 427)

7. Cont…
• The fundamental right to freedom of speech and
expression is regarded as one of the most basic
elements of a healthy democracy for it allows its
citizens 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 from the level of basic existence
to giving the person a political and social life.

8. Cont…
• This right is available only to a citizen of India and not
to foreign nationals.
• This right is, however, not absolute and it allows
Government to frame laws to impose reasonable
restrictions in the interest of sovereignty and integrity
of India, security of the state, friendly relations with
foreign states, public order, decency and morality and
contempt of court, defamation and incitement to an
offence.

9. Cont…
•In the Preamble to the Constitution of India, the
people of India declared their solemn resolve to
secure to all its citizen liberty of thought and
expression.
•The Constitution affirms the right to freedom of
expression, which includes the right to voice one’s
opinion, the right to seek information and ideas,
the right to receive information and the right to
impart information.

10. Cont…
• In Romesh Thappar v State of Madras (AIR 1950 SC 124), the
Supreme Court of India held that the freedom of speech and
expression includes freedom to propagate ideas which is ensured
by freedom of circulation of a publication, as publication is of
little value without circulation. Patanjali Sastri, J., rightly
observed that-
• ‘Freedom of Speech and of 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’

11. SCOPE OF FREEDOM OF SPEECH
• The phrase “speech and expression” used in Article 19(1) (a) has a broad
connotation. This right includes the right to communicate, print and
advertise the information.
• In India, freedom of the press is implied from the freedom of speech and
expression guaranteed by Article 19(1)(a).
• The freedom of the press is regarded as a “species of which freedom of
expression is a genus”. (Sakal Papers V. Union of India AIR 1962 SC 305)
• On the issue of whether ‘advertising’ would fall under the scope of the
Article, the Supreme Court pointed out that the right of a citizen to exhibit
films is a part of the fundamental right of speech and expression guaranteed
by Article 19(1)(a) of the Constitution.(Odyssey Communications Pvt.Ltd. V.
Lok Vidyayan Sanghatana AIR 1988 SC 1642)

12. This Photo by Unknown Author is licensed under CC BY-SA

13. REASOABLE RESTRICTIONS
•However Article 19(2) of the Constitution
provides that this right is not absolute and
‘reasonable restrictions’ may be imposed on the
exercise of this right for certain purposes. The
right to freedom of expression includes the right
to express ones views and opinions on any issue
and through any medium whether it be in writing
or by word of mouth.

14. Article-19 Clause 2 (REASONABLE
RESTRICTIONS)
(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

15. 1. Security of State:
• Security of state is of vital importance and a government must have the
power to impose a restriction on the activity affecting it. Under Article 19(2)
reasonable restrictions can be imposed on freedom of speech and expression
in the interest of the security of State.
• However, the term “security” is a very crucial one.
• The term “security of the state” refers only to serious and aggravated forms
of public order e.g. rebellion, waging war against the State, insurrection and
not ordinary breaches of public order and public safety, e.g. unlawful
assembly, riot, affray.
• Thus speeches or expression on the part of an individual, which incite to or
encourage the commission of violent crimes, such as, murder are matters,
which would undermine the security of State.

16. 2. Friendly relations with foreign states:
• In the present global world, a country has to maintain a good
and friendly relationship with other countries.
• Something which has the potential to affect such relationship
should be checked by the government.
• Keeping this thing in mind, this ground was added by the
constitution (First Amendment) Act, 1951.
• The object behind the provision is to prohibit unrestrained
malicious propaganda against a foreign friendly state, which
may jeopardize the maintenance of good relations between
India and that state.

17. 3. Public Order:
• This ground was added by the Constitution (First Amendment) Act.
‘Public order’ is an expression of wide connotation and signifies
“that state of tranquility which prevails among the members of
political society as a result of internal regulations enforced by the
Government which they have established.”
• Here it is pertinent to look into meaning of the word “Public order.
Public order is something more than ordinary maintenance of law
and order. ‘Public order’ is synonymous with public peace, safety
and tranquility.
• Anything that disturbs public tranquility or public peace disturbs
public order.
Security of
the State
Public
Order
Law and
Order

18. Cont…
• Thus communal disturbances and strikes promoted with the sole
object of accusing unrest among workmen are offences against
public order.
• Public order thus implies absence of violence and an orderly
state of affairs in which citizens can peacefully pursue their
normal avocation of life.
• Public order also includes public safety.
• Thus creating internal disorder or rebellion would affect public
order and public safety. But mere criticism of government does
not necessarily disturb public order.

19. Cont…
• The words ‘in the interest of public order’ includes not only
such utterances as are directly intended to lead to disorder but
also those that have the tendency to lead to disorder.
• Thus a law punishing utterances made with the deliberate
intention to hurt the religious feelings of any class of persons is
valid because it imposes a restriction on the right of free speech
in the interest of public order since such speech or writing has
the tendency to create public disorder even if in some case
those activities may not actually lead to a breach of peace.
• But there must be reasonable and proper nexus or relationship
between the restrictions and the achievements of public order.

20. 4. Decency or morality:
• The way to express something or to say something should be a decent
one. It should not affect the morality of society adversely. Our
constitution has taken care of this view and inserted decency and
morality as a ground.
• The words ‘morality or decency’ are words of wide
meaning. Sections 292 to 294 of the Indian Penal Code provide
instances of restrictions on the freedom of speech and expression in
the interest of decency or morality.
• These sections prohibit the sale or distribution or exhibition of
obscene words, etc. in public places. No fix standard is laid down till
now as to what is moral and indecent.
• The standard of morality varies from time to time and from place to
place.
• Raj Kapoor vs State, Bobby Art International v Ompal Singh Hoon,
Ranjit D. Udeshi v State of Maharashtra

21. 5. Contempt of Court:
• According to Section 2 of Contempt of Courts Act, ‘Contempt of
court’ may be either ‘civil contempt’ or ‘criminal contempt.’ But now,
Indian contempt law was amended in 2006 to make “truth” a defense.
• However, even after such amendment, a person can be punished for
the statement unless they were made in public interest.
• Again in Indirect Tax Practitioners Assn. vs R.K. Jain, it was held by
court that, “Truth based on the facts should be allowed as a valid
defense if courts are asked to decide contempt proceedings relating to
contempt proceeding relating to a speech or an editorial or article”.
• The qualification is that such defense should not cover-up to escape
from the consequences of a deliberate effort to scandalize the court.

23. MEDIA TRIAL
• Media is regarded as one of the pillars of democracy. Media has
wide ranging roles in the society.
• Media plays a vital role in molding the opinion of the society and
it is capable of changing the whole viewpoint through which
people perceive various events.
• The media can be commended for starting a trend where the
media plays an active role in bringing the accused to hook.
• Freedom of media is the freedom of people as they should be
informed of public matters. It is thus needless to emphasis that
a free and a healthy press is indispensable to the functioning of
democracy.

24. Cont…
• However the freedom is not absolute as it is bound by the sub clause (2) of
the same article. However the right it freedom and speech and expression
does not embrace the freedom to commit contempt of court.
• In India, trial by media has assumed significant proportions. Some famous
criminal cases that would have gone unpunished but for the intervention of
media are K.M. Nanavati Case, Priyadarshini Mattoo case, Jessica Lal case,
Nitish Katara murder case, Arushi Murder Case, Sheena Bohra murder
Case.

26. Cont…
• The media however drew criticism in the reporting of murder of
Aarushi Talwar, when it preempted the court and reported that
her own father Dr. Rajesh Talwar, and possibly her mother Nupur
Talwar were involved in her murder. The media has again come in
focus in its role in Arushi Murder case.
• The concept of media trial is not a new concept. The role of
media was debated in the Priyadarshini Mattoo case, Jessica Lal
Murder Case and likewise many other high profile cases.
• There have been numerous instances in which media has been
accused of conducting the trial of the accused and passing the
‘verdict’ even before the court passes its judgment.

27. Cont…
• Trial is essentially a process to be carried out by the courts.
• The trial by media is definitely an undue interference in the
process of justice delivery.
• Before delving into the issue of justifiability of media trial it
would be pertinent to first try to define what actually the
‘trial by media’ means.
• Trial is a word which is associated with the process of
justice. It is the essential component on any judicial system
that the accused should receive a fair trial.

28. Cont…
•Media has now reincarnated itself into a ‘public
court’ (Janta Adalat) and has started interfering
into court proceedings.
•It completely overlooks the vital gap between an
accused and a convict keeping at stake the
golden principles of ‘presumption of innocence
until proven guilty’ and ‘guilt beyond
reasonable doubt’.

29. Cont…
• The Contempt of Court Act defines contempt by identifying it as
civil and criminal. Criminal contempt has further been divided
into three types:
• # Scandalizing
• # Prejudicing trial, and
• # Hindering the administration of justice.
• Parties have a constitutional right to have a fair trial in the
court of law, by an impartial tribunal, uninfluenced by
newspaper dictation or popular Glamour.

30. 6. Defamation:
• Ones’ freedom, be it of any type, must not affect the reputation or status
of another person.
• A person is known by his reputation more than his wealth or anything
else.
• Constitution considers it as ground to put restriction on freedom of
speech.
• Basically, a statement, which injures a man’s reputation, amounts to
defamation.
• Defamation consists in exposing a man to hatred, ridicule, or contempt.
The civil law relating to defamation is still uncodified in India and subject
to certain exceptions.

31. 7. Incitement to an offense:
•This ground was also added by the Constitution
(First Amendment) Act, 1951.
•Obviously, freedom of speech and expression
cannot confer a right to incite people to commit
offense.
•The word ‘offense’ is defined as any act or
omission made punishable by law for the time
being in force.

32. 8. Sovereignty and integrity of India:
• To maintain the sovereignty and integrity of a state is the prime duty of
government.
• Taking into it into account, freedom of speech and expression can be restricted
so as not to permit anyone to challenge sovereignty or to permit anyone to
preach something which will result in threat to integrity of the country.
• From above analysis, it is evident that Grounds contained in Article 19(2) show
that they are all concerned with the national interest or in the interest of the
society.
• The first set of grounds i.e. the sovereignty and integrity of India, the security
of the State, friendly relations with foreign States and public order are all
grounds referable to national interest, whereas, the second set of grounds i.e.
decency, morality, contempt of court, defamation and incitement to an offence
are all concerned with the interest of the society.

33. Express Newspapers (Bombay) (P) Ltd. v.
Union of India
• In the famous case Express Newspapers (Bombay) (P) Ltd. v. Union of
India court observed the importance of press very aptly. Court held in
this case that
“In today’s free world freedom of press is the heart of social and political
intercourse. The press has now assumed the role of the public educator
making formal and non-formal education possible in a large scale
particularly in the developing world, where television and other kinds of
modern communication are not still available for all sections of society.
The purpose of the press is to advance the public interest by publishing
facts and opinions without which a democratic electorate [Government]
cannot make responsible judgments. Newspapers being purveyors of news
and views having a bearing on public administration very often carry
material which would not be palatable to Governments and other
authorities.”

34. VOTER’S RIGHT TO KNOW

35. VOTER’S RIGHT TO KNOW
•In a landmark judgment in Union of India
v. Association for Democratic Reforms, a
three-judge bench held that the amended
Electoral Reforms Law passed by
Parliament is unconstitutional as being
volatile of citizen’s right to know
under Art. 19(1)(g).

36. RIGHT TO INFORMATION

37. RIGHT TO INFORMATION
(Sect. Ministry of I&B v Cricket Association, Bengal)
• Right to know, to information is other facet of freedom of
speech. The right to know, to receive and to impart information
has been recognized within the right to freedom of speech and
expression.
• A citizen has a fundamental right to use the best means of
imparting and receiving information and as such to have an
access to telecasting for the purpose.
• The right to know has, however, not yet extended to the extent
of invalidating Section 5 of the Official Secrets Act, 1923 which
prohibits disclosure of certain official documents.

39. Cont…
• Even, Right to Information Act 2005, which specially
talks about peoples’ right to ask information from
Government official, prohibits discloser of certain
documents under u/s 8 of the Act.
• These exceptions are generally the grounds of
reasonable restrictions over freedom of speech and
expression under Article 19(1) of Constitution of India.
• One can conclude that ‘right to information is nothing
but one small limb of right of speech and expression.

40. RIGHT TO ASSEMBLE

41. ARTICLE 19 (3) (Ram Leela Maidan case)
•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

42. RIGHT TO FORM
ASSOCIATION

43. ARTICLE 19 (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

44. RIGHT TO MOVE FREELY
AND RESIDE IN INDIA

45. ARTICLE 19 (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

46. RIGHT TO OCCUPATION
AND LIKE

47. ARTICLE 19 (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 practicing
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

48. RIGHT TO PROPERTY

50. ARTICLE 300A
• Persons not to be deprived of property save by authority of
law.- No person shall be deprived of his property save by
authority of law.
• Right to property is still a constitutional right so that government cannot
deprive a person of his property save by authority of law. In other words,
the government has no power to deny a person from his property without
following a just, fair and reasonable rule.
• After 44th amendment, article 300-A only prohibits deprivation of the right
to property by mere executive order unless that order is made or authorised
by some law enacted by the legislature. Eventually, the aggrieved person
can challenge the legality or fairness of procedure followed for acquisition
of land instead of acquisition of land.

51. MEANING OF PROPERTY
• Article 300 A includes all type of property capable of being
owned [Union of India v. Martin Lottery Agencies Ltd.(2009)
12 SCC 209].
• It includes tangible, intangible, corporeal and incorporeal
property. Article 300 A does not confine to land alone but
includes intangible property like copyright, intellectual property
rights, mortgage, money, any interest in the property, lease,
license.
• The pension and gratuity are a valuable right of individual
therefore protected under article 300 A.

52. IMPACT OF AMENDMENT
• The government may deprive a person of his property for
greater public use, and an aggrieved person cannot invoke
article 32, i.e. move a writ before the Supreme Court by
infringement of his fundamental right.
• Supreme Court has vast power in respect of infringement of the
fundamental right. More so, the court can take a judicial
review of the law which infringes the fundamental right of the
citizen. As of now, the right to property is not a fundamental
right, therefore, therefore, the scope of judicial review does
not exist [K.T. Plantation (P) Ltd. v. State of Karnataka,
(2011) 9 SCC 1].

53. LAND ACQUISITION AND FAIR CCOMPENSATION
• Government violates the rule of law by does not pay fair or adequate
compensation of the land in proportionate of the prevailing market price of
the property [K.T. Plantation (P) Ltd. v. State of Karnataka, (2011) 9 SCC
1]. The rule of law is the basic structure of the constitution and incorporated
in article 14, 19 & 21 of the constitution.
• You can challenge the acquisition procedure on the ground of violation of
article 300 A along with article 14, 19 and 21. Thus, you should file a writ
before the High Court under article 226 of the constitution. File such writ on
the ground that state government did not pay compensation before acquiring
the land.
• Article 300 A mandates that fair compensation is a constitutional right of the
citizen and it is mandatory for the government to pay reasonable
compensation. Acquisition of land without payment of adequate
compensation violates the constitutional right guaranteed under article 300-
A.