1. RIGHT TO FREEDOM
• Art. 19-22 deals with different aspects of right
to freedom
• These articles are basic rights of personal
liberties
• Art. 19 : Six Freedoms to the citizens
(a) Freedom of Speech and Expression
(b) Freedom of Assembly
(c) Freedom to form Associations or Unions or
Cooperative Societies
2. (d) Freedom of movement
(e)freedom to reside and to settle
(f) omitted
(g) Freedom of Profession, Occupation, trade
or business
these freedoms are not absolute
The restriction are reasonable and by conferring
powers upon the State in the interest of
community
3. • The restrictions can not be arbitrary
1. The restriction must be for the purpose
mentioned in Art. 19 (2) to (6)
2. The restrictions must be reasonable
Test of Reasonable Restriction –
Art. 19(1) : restriction can only be imposed by
a Law, and not executive or departmental
instructions
4. • Territorial extent of Freedom :
No geographical limitation to Freedom of
speech and guaranteed under Art. 19(1)(a)
this freedom is exercisable not only in India
but outside also;
if State action sets up barriers to its citizen’s
freedom of expression in any country in world,
it would violate Art. 19 (1)(a)
Maneka Gandhi v. Union of India
AIR 1978 SC 597
5. • In the case the Union of India contended that
fundamental rights are available only within
the territory of India
how they can be operative oustside the State
when the State can not be able to protect them
outside the territory of India ?
The Supreme Court rejected these contentions
and held that
right to freedom of speech and expression has
no geographical bounderies;
it is available even outside the India
6. • Art. 19(1)(a) includes freedom of Press
the editor of a press or the manager is merely
exercising the right of the expression;
therefore no special mention is necessary of
the freedom of press;
Landmark judgments :
Printers (Mysore) Ltd. V. Asstt. Commercial Tax
Officer : Supreme Court held that no sales tax
can be imposed on sale of newspapers in the
country;
But press is subject of other laws of taxation as
well as general laws relating to industrial
realtions
7. • Publication of sexually exploitative material –
Ajay Goswami v. Union of India : petition was
filed to seek protetion from the Court,
to ensure that minors are not exposed to
sexually exploitative materials,
whether or not the same was obscene and
prohibited by the law,
Pre-Censorship invalid : Pre-censorship of a
journal is a restriction on the liberty of Press;
it is not valid,
8. • Romesh Thapper v. State of Madras :
• A law banning entry and circulation of journal
in a State was held to be invalid;
• Petitioner was printer, publisher and editor of a
weekly journal in English called
“Cross Road” printed and published in
Bombay;
Govt. of Madras u/ S.9 (1-A) of the
Maintenance of Public Order Act 1949 issued
an order prohibiting the entry into or the
circulation of the journal in that State;
9. • The Court held that such restriction is void
and unconstitutional
• In the case of Terrorists attack in Mumbai (AIR
2012 SC 3565) the Supreme Court held that
the live coverage of the terrorists attacks at all
places was not in the interest of general public,
it spreads fear and provocation in mass;
hence it is invalid, no right of freedom of
speech and expression is infringed if the
restriction is put on live coverage of such
incidents which put national security at risk
10. Freedom of speech includes freedom of silence
• National Anthem case :
Bijoe Emmanuel v. State of Kerala (1986) 3 SCC 615,
in this case the three children belonging to
Jehovah’s witnesses were expelled from the
school;
for refusing to sing the national anthem;
the circular issued by the director of Public
Instructions Kerala had made it obligatory for
students in the schools to sing the national
anthem
11. • The children in this case stood up respectfully
when the national anthem was being sung;
but they did not join in singing it;
they refused to sing it because according to
them it was against their religious faith;
hence they would not be permitted to sing any
other rituals except in their prayer to Jehovah
(their God),
the Supreme Court held that though it is the
Fundamental duty to respect National Anthem,
12. • they have not committed any offence under
the Prevention of Insults to National Honour
Act 1971,
because they stood up respectfully and
followed the fundamental duty;
held that expulsion of children from school
is violation of their fundamental right u/Art.
19(1)(a);
which also includes right to freedom of
silence
13. • Grounds of Restrictions –
Art. 19(2) contains following grounds :
(a) Security of the State
(b)Friendly relations with Foreign States
(c) Public Order
(d)Decency or Morality
(e) Contempt of Court
(f) Defamation
(g)Incitement of an offence
(h)Sovereignty and integrity of India
