Article 19 Six Freedoms | Kerala PSC Graduate

The topic of Article 19 Six Freedoms is a crucial aspect of Indian Polity, carrying significant weight in the Kerala PSC exam, as it encompasses the fundamental rights granted to citizens under Part III of the Constitution of India, which came into effect on 26 January 1950. Understanding these freedoms is essential for aspirants, as they are frequently tested in the exam.

Introduction to Article 19

Article Number	Freedom	Description
Article 19(1)(a)	Freedom of Speech and Expression	Guaranteed under Part III of the Constitution, as per the judgment in Kesavananda Bharati v. State of Kerala, 1973
Article 19(1)(b)	Freedom to Assemble Peacefully	Subject to reasonable restrictions, as interpreted by the Supreme Court in the case of Himat Lal K. Shah v. Commissioner of Police, Ahmedabad, 1973
Article 19(1)(c)	Freedom to Form Associations or Unions	Includes the right to form and join trade unions, as recognised by the Trade Unions Act, 1926
Article 19(1)(d)	Freedom to Move Freely Throughout the Territory of India	Restricted only by laws enacted by Parliament or state legislatures, as per Article 19(5)
Article 19(1)(e)	Freedom to Reside and Settle in Any Part of the Territory of India	Subject to reasonable restrictions, as upheld by the Supreme Court in the case of State of Uttar Pradesh v. Kaushal Kishore Shukla, 1994
Article 19(1)(g)	Freedom to Practise Any Profession, or to Carry On Any Occupation, Trade or Business	As per the judgment in Olga Tellis v. Bombay Municipal Corporation, 1985

Key Supreme Court Judgments

• The Supreme Court, in the case of Maneka Gandhi v. Union of India, 1978, held that the right to travel abroad is an integral part of the right to personal liberty under Article 21.
• In the case of S. Rangarajan v. P. Jagjivan Ram, 1989, the Supreme Court ruled that the freedom of speech and expression includes the right to propagate one’s views through the medium of cinema.
• The judgment in R. C. Cooper v. Union of India, 1970, established that the freedom to carry on any occupation, trade, or business is subject to reasonable restrictions in the interest of the general public.

Constitutional Amendments

• The 44th Amendment Act, 1978, introduced changes to Article 19, including the insertion of a new clause (2) to Article 19, which empowered the state to impose reasonable restrictions on the freedom of speech and expression.
• The 42nd Amendment Act, 1976, had earlier introduced significant changes to Article 19, including the insertion of a new Article 19(1)(h), which granted the right to work, but this was later repealed by the 43rd Amendment Act, 1977.

Reasonable Restrictions

• The Supreme Court has held that reasonable restrictions on the freedoms under Article 19 can be imposed only by laws enacted by Parliament or state legislatures, as per Article 19(2) to (6).
• In the case of Superintendent, Central Prison v. Ram Manohar Lohia, 1960, the Supreme Court ruled that the restrictions imposed must be reasonable and in the interest of the general public.

Freedom of Speech and Expression

• The freedom of speech and expression under Article 19(1)(a) includes the right to express one’s views through any medium, including newspapers, as recognised by the Supreme Court in the case of Indian Express Newspapers (Bombay) Private Ltd. v. Union of India, 1985.
• The Supreme Court has also held that the freedom of speech and expression includes the right to criticise the government and its policies, as per the judgment in S. Khushboo v. Kanniammal, 2010.

Freedom to Assemble Peacefully

• The freedom to assemble peacefully under Article 19(1)(b) includes the right to hold public meetings and demonstrations, as recognised by the Supreme Court in the case of Himat Lal K. Shah v. Commissioner of Police, Ahmedabad, 1973.
• The Supreme Court has also held that the restrictions imposed on this freedom must be reasonable and in the interest of the general public, as per the judgment in Mazdoor Kisan Shakti Sangathan v. Union of India, 2018.

Quick Recap for PSC

• Article 19 of the Constitution of India guarantees six freedoms to citizens, including freedom of speech and expression, freedom to assemble peacefully, and freedom to form associations or unions.
• The Supreme Court has held that the freedom of speech and expression includes the right to express one’s views through any medium, including newspapers, as per the judgment in Indian Express Newspapers (Bombay) Private Ltd. v. Union of India, 1985.
• The 44th Amendment Act, 1978, introduced changes to Article 19, including the insertion of a new clause (2) to Article 19, which empowered the state to impose reasonable restrictions on the freedom of speech and expression.
• The freedom to assemble peacefully under Article 19(1)(b) includes the right to hold public meetings and demonstrations, as recognised by the Supreme Court in the case of Himat Lal K. Shah v. Commissioner of Police, Ahmedabad, 1973.
• The Supreme Court has held that the restrictions imposed on the freedoms under Article 19 can be imposed only by laws enacted by Parliament or state legislatures, as per Article 19(2) to (6).
• The judgment in Olga Tellis v. Bombay Municipal Corporation, 1985, established that the freedom to practise any profession, or to carry on any occupation, trade, or business is a fundamental right under Article 19(1)(g).