Explains about Right to freedom enlisted in the Articles 19 to 22 of the Indian Constitution, Also explains about Right to Information Act and Right to Education

1. Dr.M.SUGIRTHA
Associate Professor of Political Science
Annamalai University, Chidambaram
Tamilnadu, INDIA

2. FUNDAMENTAL RIGHTS IN THE
INDIAN CONSTITUTION
RIGHT TO FREEDOM
By
Dr.M.SUGIRTHA
Associate Professor of Political Science
Annamalai University (on Deputation)
Government Arts College, Tiruchirappalli - 22
TAMILNADU, INDIA

3. Right to Freedom
Article 19: Protection of Six Rights
Article 19 (1) : Right to Information
Article 20: Protection in respect of Conviction for Offences
Article 21: Protection of Life and Personal Liberty
Article 21A: Right to Education
Article 22: Protection Against Arrest and Detention
Dr.M.SUGIRTHA

4. Article 19: Protection of Six Rights
Six Rights
•Freedom of Speech and Expression
•Assemble Peaceably and without Arms
•Form Associations or unions or Co-operative societies
•Move freely throughout the territory of India
•Reside and settle in any part of India
•Practise any profession/occupation, trade or business
Dr.M.SUGIRTHA

5. Article 19: Protection of Six Rights
• Art. 19(1 )(a) Right to freedom of speech and expression.
• It is the right to express one’s views openly and freely
without any fear through:
• oral means
• written means
• electronic media
• broadcasting/press, etc.
• In modern times, it covers blogs and websites too.
Dr.M.SUGIRTHA

6. Article 19: Limitations
• Freedom of speech and expression is subject to various
limitations on grounds of:
• Sovereignty and integrity of state
• Security of state
• Friendly relations with foreign states
• Public order
• Morality or decency
• Contempt of court
• Defamation
• Incitation for an offence
Dr.M.SUGIRTHA

7. Article 19: Protection of Six Rights
• Art.19(1)(b) Right to freedom of assembly peacefully and without
arms
• Subject to sovereignty and integrity of India and morality.
• Art.19(1)(c) Right to form association, union or co-operative
society. Such association or union can be formed for religious,
political, social or cultural objective.
• Subject to morality, decency, and public order.
• Right to form co-operatives has been incorporated under Art.
19(1)(c) by 97th Amendment Act
Dr.M.SUGIRTHA

8. Article 19: Protection of Six Rights
• Art. 19(1)(d) Right to freedom of movement throughout the
territory of India,
• Subject to interests of scheduled tribes and general public
• Art. 19(1)(e) Right to freedom of residence and settlement
throughout the territory of India,
• Subject to interests of scheduled tribes and general public
Article 370 restricted citizens from other Indian states and Kashmiri women
who marry men from other states from purchasing land or property in
Jammu & Kashmir. Article 370 is no longer applicable in the Union
territories of Jammu & Kashmir and Ladakh from 6 August 2019.
Dr.M.SUGIRTHA

9. Article 19: Protection of Six Rights
• Art. 19(1)(f) This article was deleted by 44th Amendment Act
and has been inserted under Article 300A.
• Art 19(1)(g) Guarantees right to practice any profession,
occupation, trade, or business of one’s choice
• Subject to interest of general public
• Moreover, State can acquire any business partially or even
completely in the interest of general public.
Dr.M.SUGIRTHA

10. Right to Information
• Right to information has been given the status
of a fundamental right under Article 19(1) of
the Constitution in 2005
• Right to know how the government works,
what roles it plays, what its functions are, and
so on
• The Right to Information Act passed in 2005
• This law was passed by Parliament on 15 June
2005 and came into force on 12 October 2005
Dr.M.SUGIRTHA

11. Importance of the Right to Information Act
• Empowers people to ask for information about
central, state governments including non-
governmental organizations
• Gives citizens of India the tools to fight
against corruption
• Arms individuals with information
• Gives citizens the right to ask for information
and decide, based on the information received,
whether their constitutional rights have been
met
Dr.M.SUGIRTHA

12. Right to Information Act
The
basic objective of
the Right to
Information Act:
To empower the citizens
To promote transparency
and accountability in the
working of the Public
Authorities
To contain corruption
To make our democracy
work for the people in
real senseDr.M.SUGIRTHA

13. Right to Information Act
Right to:
Inspect works, documents, records
Take notes, extracts or certified copies of documents or records
Take certified samples of material
Obtain information in form of printouts, diskettes, floppies, tapes,
video cassettes or in any other electronic mode or through printouts

14. Right to Information Act
Public Information Officers (PIOs)
• Public Information Officers (PIOs) are “to provide information to
persons requesting information under this Act.”
Process to request for information
• A person can request information in writing or through electronic
means in English, Hindi or in the official language of the area
• The application can be made to the Central Public Information
officer, State Public Information Officer, Central Assistant Public
Information Officer, or State Assistant Public Officer depending on
the case.
Dr.M.SUGIRTHA

15. Penalty Provisions
A penalty of Rs.250 up to a
maximum of Rs.25,000 will
be issued to any Public
Information Officer on the
following grounds:
•Refusing to receive an application for
information
•Not furnishing information within the
specified time
•Denying request for information in bad faith
•Destroying information requested
•Obstructing access to information
Dr.M.SUGIRTHA

16. Article 20: Protection in respect of Conviction for Offences
• Protection against arbitrary and excessive punishment to an
accused person
3 Provisions
No self-incrimination
No Double jeopardy
No ex-post-facto laws
Dr.M.SUGIRTHA

17. Article 21: Protection of Life and Personal Liberty
• No person shall be deprived of his life or personal liberty
• Except according to procedure established by law
• Gopalan case (1950)
• Protection against arbitrary executive action and not from
arbitrary legislative action
• Menaka case (1978)
• Protection against both arbitrary executive and legislative action
• Personal liberty can be deprived if the Law is reasonable, fair or just
• Supreme Court reaffirmed 34 rights under Article 21
Dr.M.SUGIRTHA

18. Article 21 A: Right to Education
• State shall provide free and compulsory education to all children
(Age 6 to 14)
• 86th Constitutional Act of 2002 – ‘Education to All’
• Before this amendment, it was under Article 45 in Part IV
• 1993, Supreme Court recognised a Fundamental Right in right to
life (Article 21)
• Right of Children to Free and Compulsory Education (RTE) Act,
2009
• Full time elementary education of satisfactory and equitable quality
Dr.M.SUGIRTHA

19. Article 22: Protection against Arrest and Detention
• Protection to persons who are arrested or detained
• Two types
• Punitive – Punish a person for an offence committed by him
• Right to be informed of the grounds of arrest; consult with legal practitioner
• Produced before Magistrate within 24 hours; Released after unless magistrate
authorises
• Preventive – Detention of a person without conviction by a court
• Cannot exceed 3 months unless having a sufficient cause
• Should afford opportunity to make representation against the detention order
Dr.M.SUGIRTHA

20. References
• 1. Durga Das Basu, Introduction to the Constitution of India,
Gurgaon: LexisNexis, 2013.
• 2. M.Laxmikanth, Indian Polity, New Delhi: McGraw Hill
Education Pvt. Ltd., 2014.

21. THANK YOU