Right to freedom

1. RIGHT TO FREEDOM &
right to freedom of RELIGION

2. FREEDOM OF SPEECH AND EXPRESSION
 Article 19(1)(a)
 Right to speak and to express one’s opinions
 Expression through any medium or visible
representation
 It includes liberty of press

3. Basic human right
 L.I.C. of India vs Manubhai D. Shah
 Speech is God’s gift to mankind
 Freedom of speech is a natural right

4. SCOPE AND CONTENT OF FREEDOM
 Right to know and to obtain information
Facet of speech and expression
 Right to access to the source of information
State of Maharashtra vs Rajendra Gandhi
case
 Right to fly the national flag

5. RELATED CASE STUDY
 Maneka Gandhi vs Union of India
 No geoghraphical limitations
 Exchange thoughts and ideas outside of India
also

6. REASONABLE RESTRICTIONS[ARTICLE 19(2)]
 Security of state
Serious form of public disorder
 Friendly relations with foreign states
Foreign relation act 1932
 Public order
Public peace and safety
 Decency or Morality
R.Y.Prabhoo vs P.K. Kunte

8. FREEDOM OF ASSEMBLY
o It comes under article 19(1)(b) & 19(3)
o Under freedom of assembly, people are entitled to
gather peaceably with groups of other people to
pursue mutual interests and goals. This concept is
closely linked with the right to free association, a
human right that pertains to joining associations
and organizations.
o The right to assembly is used to argue that as long
as people are not inciting violence or creating
a clear and present danger , they have the right to
gather in groups to exchange information and
ideas.

9. REASONABLE RESTRICTIONS ON FREEDOM OF
ASSEMBLY
 The right to hold assembly conferred to article 19(1)(b) is,
however, not absolute.
 It is subjected to following restrictions
[i] the assembly must be peaceful
[ii] it must be unarmed
[iii] the state may impose reasonable restrictions under
clause (3)of article 19 in the interests of public order or
sovereignty and integrity of India
 Public order
 The restriction must be regulatory and not to prohibitive
in nature
 Himmat Lal Vs Police Comissioner Mumbai
 No right to hold assembly on private property
 Railway Board Vs Niranjan Singh

11. FREEDOM TO FORM ASSOCIATION
 This comes under 19(1)(C) and 19(4)
 It includes to form companies , societies ,
partnership , and trade union etc.
o Freedom of association is a civil right that
mandates that people are allowed to join any
associations they wish, without interference.
o Conversely, people are also allowed to reject
membership in organizations. This addresses
situations like organizing trade unions, preventing
employers from pressuring their staff into refusing
to join the union. It also ensures that people are not
forced to join associations they do not wish to join.

12. o Freedom of association and government
employees
 P. Balakothaih Vs Union of India case
 In this case the supreme court distinguish between
the right to be a member of an association and right
to continue in government services
o Right to association and armed forces
o In O.K. Nair Vs union of India case, important
question arose whether civilian employees
designted as non-combatants such as
cooks,chowkidars,barbers,mechanics etc attached
to the defence establishments have right to form
association or not.

13. o the right to form association does not carry right to
recognition
o The right to form association does not carry right to
strike
o Also it does not carry the right to inform rival union
Right subjected to reasonable restrictions
 The right guaranted under article 19(1)(c) is not
absolute article 19(4) specifically empowers the
state to make any law fetter , abridge or abrogate
the right by imposing reasonable restrictions
 the prevention of terrorism act,2002 was
enacted to protect the sovereignty and integrity of
India from the means of terrorism
 State of Madras vs V. G. row

14. RIGHT TO MOVEMENT AND
RESIDENCE
 Freedom to movement [Article 19-1 (d)]
 Scope of Article 19-1 (d)
“Right to locomotion”
 Freedom to residence [Article 19-1 (e)]
 Article 19-1 (d) & (e) are complementary

15.  Objectives of article 19-1 (d) & (e)
 Right to shelter included
case study : Avas Evam Vikas Parishad v. Friends
Co-operative Housing Society Ltd.
 Dhan bahadur ghorti vs State of Assam

16. FREEDOM OF
PROFESSION,OCCUPATION,TRADE
&BUSINESS
 Article 19-1 (g)
 Basic definitions
Occupation
Profession
Trade
Business

17. SCOPE OF ARTICLE 19-1(G)
 Not to start or to close down a business
 No right to hold particular job of one’s choice
Fertilizer corporation Kamgar union
vs Union of India
 No right to carry on any anti-social or dangerous
activity - Res Extra-commercium

18.  Right to carry on business or trade in liquor
State of A.P vs Mcdowell & co
 No right to carry business with government

20.  India is a secular country with no officially
recognized religions.
 India’s Constitution provides that “all persons are
equally entitled to freedom of conscience and the
right freely to profess, practise and propagate
religion.”

21. RELATED ARTICLES ARE :
 Article 25: Freedom of conscience and free
profession, practice and propagation of religion
 Article 26: Freedom to run religious affairs
 Article 27: No person shall be compelled to pay
any tax for the promotion or maintenance of any
religion
 Article 28: Freedom as to attendance at religious
instruction or religious worship in certain
educational institutions

22. ARTICLE 25
 Clause 1 provides :
“Subject to public order , morality and health and to
the other provisions of this part , all persons are
equally entitled to freedom of conscience and the
right freely to profess , practise and propagate
religion . ”

23. THIS CLAUSE SECURES TO EVERY PERSON –
i. Freedom of conscience
ii. The right to : -
(a) Profess religion
-to make an open declaration
(b) Practise religion
- practices which constitute integral and essential part
of religious practise
- Masood Alam v. Commisioner of Police
- State of Bombay v. Narasu Appa Mali
(c) Propagate religion
- to spread and publicise one’s religious views
- Rev Stainslav v. State of Madhya Pradesh

24. The article 25 is subjected to :
• Public order , morality , health and other provisions
of part 3
- Gulam Abbas v. State of U.P
• Regulation or restriction of economic , financial ,
political or other secular activity associated with
religious practice
- Mohd. Hanif Quereshi v. State of Bihar
• Social welfare and reforms
- Venkataramana Devaru v. State of Mysore

25. ARTICLE 26
FREEDOM OF RELIGION OF RELIGIOUS
DENOMINATIONS
o Article 26 provides : “ Subject to public order, morality
and health, every religious denomination or any section
thereof shall have right-
(a) to establish & maintain institutions for religious &
charitable purposes ;
(b) to manage its own affairs in matters of religion
(c) to own and acquire movable and immovable property
and
(d) to administer such property in accordance with the law.

26. RELIGIOUS DENOMINATION
 It must be a collection of individuals who have a
system of beliefs or doctrines which they regard as
conducive to their spiritual well-being, i.e. A
common faith;
 It must have a common organisation;
 It must be designated by a distinctive name.
 Case studies :
- Sri. Adi Visheshwara of Kashi Vishwanath Temple,
Varanasi vs. State of U.P.
- Bramchari Siddheshwar Shai vs. State of W.B.

27. ART. 26 CLAUSE (A)
RIGHT TO ESTABLISH AND MAINTAIN INSTITUTIONS
o Guarantees to every “religious denomination” or
any section thereof the right “to establish and
maintain institutions for religious and charitable
purposes”.
o Includes “the right to exclude the profession or
practices belonging to other religions”.
 Case studies :
- Sanjib Kumar vs. St. Paul College.
- Azeez Basha vs. Union of India.

28. ART. 26 CLAUSE (B)
RIGHT TO MANAGE MATTERS OF RELIGION
 Guarantees to every “religious denomination” the
right “to manage its own affairs in matters of
religion”.
 “Matters of religion” :
 includes religious practices, rites and ceremonies
essential for the practising of religion.
 would not include the religious practices unless
those practices are found to constitute essential
and integral part of a religion.
 Case study :
- Commer. of Police vs. Acharya J. Avadhutta

29. ART. 26 CLAUSE (C) & (D)
RIGHT TO OWN AND ADMINISTER PROPERTY
 Clause (c) secures to a religious denomination or
any section thereof “the right to own and acquire
movable and immovable property”.
 Clause (d) further strengthens this right by
guaranteeing to the denomination “the right to
administer such property in accordance with law”.
 Case study :
- Ratilal Panachand Gandhi vs. State of Bombay

30. ARTICLE 27
FREEDOM FROM PAYMENT OF TAXES FOR
PROMOTION OF ANY PARTICULAR RELIGION
“ no person shall be compelled to pay any taxes the
proceeds of which are specifically appropriated in
payment of expenses for the promotion or
maintenance of any particular religion or religious
denominations ”.
Objective :
To protect secular characteristics of the
Constitution of India

31.  NOTE :-
- Article 27 prohibits the levy of ‘tax’ and not the
imposition of a ‘fee’ .
- it does not prohibit :
(i) reconstruction of religious and educational
places damaged during communal riots , at the cost
of government
(ii)land acquisition for temple meant for public use
(iii)programme held by Government of India to
honour those who have contributed to India’s
cultural heritage .
Case Study :
Sri Jagannath v. State of Orissa , The Orissa Hindu
religious endowment Act, 1939.

32. ARTICLE 28
PROHIBITION OF RELIGIOUS INSTRUCTIONS IN
EDUCATIONAL INSTITUTIONS
 Clause (1) of Art. 28 provides “No religious
instruction shall be provided in any educational
institution wholly maintained out of State funds”.
 Clause (3) further provides “No person attending
any educational institution recognized by the State
of receiving aid out of State funds shall be required
to take part in any religious instruction that may be
imparted in such institution or to attend or to attend
any religious worship that may be conducted in
such institution or in any premises attached thereto
unless such person or, if such person is a minor, his
guardian has given his consent thereto ”.

33.  Clause (2), an exception to Clause (1) provides that
the prohibition contained in Clause (1) “would not
apply to an educational institution which is
administered by the State but has been established
under any endowment or trust which requires that
religious instruction shall be imparted in such
institution”.
 Case studies :
- D.A.V. College, Jullundur vs. State of Punjab
- Aruna Roy vs. Union of India