right to freedom for 3 December 2025

The Right to Freedom is one of the most fundamental human rights guaranteed by the Constitution of India. Enshrined under Articles 19 to 22 of Part III, it forms the foundation of India’s democratic framework. This right ensures that citizens can express themselves, move freely, and live without undue restrictions by the State. The framers of the Constitution, guided by the Universal Declaration of Human Rights (1948), incorporated these freedoms to protect individual liberty while maintaining public order and national security.

Right to Freedom in the Indian Constitution

The Right to Freedom provides a balance between individual liberty and state control. While it ensures the protection of civil liberties, it also allows reasonable restrictions to maintain harmony and sovereignty. The six freedoms under Article 19(1) are available only to Indian citizens, whereas Articles 20 to 22 extend certain rights to all persons, including non-citizens. These freedoms form the basis of India’s democratic participation, personal dignity, and constitutional governance.

Right to Freedom Constitutional Provisions

The Right to Freedom is one of the most significant parts of the Fundamental Rights guaranteed under Articles 19 to 22 of the Indian Constitution. It ensures civil liberty for individuals so that democratic governance can function effectively. Below is a detailed explanation of each article, based directly on the constitutional text and authoritative legal interpretation.

Right to Freedom Article 19 

“Protection of Certain Rights Regarding Freedom of Speech, etc.”

Article 19(1) guarantees six essential freedoms to Indian citizens, forming the foundation of individual liberty and democracy. Although the earlier version consisted of seven essential freedoms under this section which has been reduced to six after omission of Right to Property through the 44th Amendment Act 1978.

These rights include:

1. Freedom of speech and expression- The right to express opinions freely through any medium.
2. Freedom to assemble peaceably and without arms- The right to hold meetings and processions peacefully.
3. Freedom to form associations or unions- The right to organize groups for political, social, or economic purposes.
4. Freedom to move freely throughout India- Citizens can travel anywhere within the country without restriction.
5. Freedom to reside and settle in any part of India- Citizens can live in any state or region they choose.
6. Freedom to practice any profession, or carry on any occupation, trade, or business- The right to work and pursue lawful employment.

Reasonable Restrictions:

The Constitution allows the State to impose restrictions on these freedoms under clauses (2) to (6) of Article 19 for reasons such as:

• Sovereignty and integrity of India
• Security of the State
• Public order, decency, or morality
• Contempt of court or defamation
• Friendly relations with foreign States
• Protection of Scheduled Tribes or public interest

For example, freedom of speech may be restricted to prevent hate speech or incitement to violence, and freedom of trade may require professional qualifications or licenses.

Right to Freedom Article 20

“Protection in Respect of Conviction for Offences”

Article 20 protects individuals from arbitrary and unfair criminal prosecution. It is applicable to both citizens and non-citizens and cannot be suspended even during an emergency.

It provides three key safeguards which ensure that criminal justice in India upholds fairness and due process:

1. Protection against ex post facto laws- No one can be punished for an act that was not an offence when committed.
2. Protection against double jeopardy- No individual can be tried or punished twice for the same offence.
3. Protection against self-incrimination- An accused person cannot be compelled to testify against themselves.

Right to Freedom Article 21

“Protection of Life and Personal Liberty”

Article 21 states:

“No person shall be deprived of his life or personal liberty except according to procedure established by law.”

This article guarantees the right to life and personal liberty to all persons, citizens and non-citizens alike. Initially, it was narrowly interpreted, but later the Supreme Court of India has expanded its interpretation to include a wide range of rights essential to human dignity. Key inclusions under Article 21 (as per judicial interpretation):

• Right to privacy (Justice K.S. Puttaswamy vs. Union of India, 2017)
• Right to a clean environment (Subhash Kumar vs. State of Bihar, 1991)
• Right to shelter (Olga Tellis vs. Bombay Municipal Corporation, 1985)
• Right to education (Mohini Jain vs. State of Karnataka, 1992)
• Right to die with dignity (Common Cause vs. Union of India

Right to Freedom Article 21A

“Right to Education”

Added by the 86th Constitutional Amendment Act, 2002, Article 21A guarantees the right to free and compulsory education for all children aged 6 to 14 years.

Key features:

• It obligates the State to provide education in a manner determined by law.
• It ensures that every child has access to elementary education, promoting equality and literacy.
• The Right of Children to Free and Compulsory Education Act (RTE), 2009 operationalizes this right.

According to the Ministry of Education (2024), over 200 million children have benefited from RTE provisions since its implementation.

Right to Freedom Article 22

“Protection Against Arrest and Detention in Certain Cases”

Article 22 provides rights related to arrest, detention, and preventive detention. It ensures that no one is deprived of liberty without due legal process.

Rights under Article 22(1) & (2):

1. Every person who is arrested must be informed of the reasons for arrest.
2. The person must be allowed to consult a lawyer of their choice.
3. The person must be produced before a magistrate within 24 hours of arrest.
4. No one can be detained beyond 24 hours without magistrate approval.

Exceptions under Article 22(3): These protections do not apply to:

• Enemy aliens
• Persons detained under preventive detention laws

Preventive Detention:

• Allows detention to prevent future threats to public order or national security.
• A person cannot be detained beyond three months unless approved by an Advisory Board of High Court judges.
• Parliament can prescribe longer detention under special laws like the National Security Act (1980) or UAPA (1967).

Key Safeguards:

• Grounds of detention must be communicated to the detainee.
• The detainee must be given a chance to make a representation.
• Sensitive facts may be withheld if disclosure is against public interest.

According to NCRB (2021) data, India recorded more than 12,000 preventive detentions, highlighting ongoing debates over balancing security with liberty.

Right to Freedom Case Laws

The landmark judgements and case laws that shaped the structure of the Right to Freedom under the Constitution of India are:

1. Romesh Thappar vs. State of Madras (1950): The Supreme Court ruled that freedom of speech and expression is the foundation of democracy.
2. A.K. Gopalan vs. State of Madras (1950): The Court upheld preventive detention and interpreted personal liberty narrowly, separating Articles 19 and 21. This view was later expanded in Maneka Gandhi (1978).
3. Kharak Singh vs. State of U.P. (1963): The Court invalidated police surveillance practices and, through Justice Subba Rao’s dissent, laid the groundwork for recognizing the right to privacy as part of personal liberty.
4. Maneka Gandhi vs. Union of India (1978): The Court held that the “procedure established by law” must be fair, just, and reasonable, expanding the scope of Article 21.
5. Bijoe Emmanuel vs. State of Kerala (1986): Upheld the right to freedom of expression by protecting students who refused to sing the national anthem on religious grounds.

Right to Freedom and National Security

Post-independence, India faced several internal and external security challenges. The Preventive Detention Act, 1950, and later the National Security Act (1980), allowed preemptive measures against threats. While necessary, these laws are often criticized for misuse. The Judiciary has emphasized, preventive detention should be used only as a last resort, ensuring transparency and periodic review.

Right to Freedom and Digital India

With the expansion of digital spaces, the right to freedom now extends to digital expression. Article 19(1)(a) covers online speech, and the Supreme Court’s 2015 judgment in Shreya Singhal vs. Union of India struck down Section 66A of the IT Act, protecting freedom of expression online. However, concerns about surveillance, fake news, and internet shutdowns continue to test the balance between liberty and regulation.

According to Access Now's "Lives on hold: internet shutdowns in 2024" report, India had 84 internet shutdowns, the highest among democratic nations, raising serious concerns about digital rights and constitutional freedoms. 

Right to Freedom and Media

The freedom of the press, though not explicitly mentioned, has been interpreted as part of Article 19(1)(a). The media plays a vital role in strengthening democracy by ensuring transparency and accountability. According to the World Press Freedom Index 2025 by Reporters Without Borders, India ranked 151 out of 180 countries, showing concerns about media freedom and autonomy.

Right to Freedom and Economic Liberty

Economic freedom, an aspect of personal liberty, is protected under Article 19(1)(g) of the Constitution, granting citizens the right to pursue any profession or trade. In State of Gujarat vs. Mirzapur Moti Kureshi (2005), the Supreme Court upheld that reasonable restrictions on economic activities for public welfare are constitutionally valid. Reforms such as Ease of Doing Business and Startup India have further strengthened this freedom by reducing barriers to entrepreneurship.

Right to Freedom Challenges

Various Challenges to the Right to Freedom has been discussed below:

1. Misuse of Sedition Law: 
   • Section 152 of BNS (124A of IPC) is often misused to curb dissent.
   • Way Forward: Review and redefine sedition law per the Supreme Court’s directive.
2. Preventive Detention Abuse: 
   • Arbitrary arrests continue.
   • Way Forward: Periodic judicial review and oversight.
3. Internet Shutdowns: 
   • Affect access to information and livelihood.
   • Way Forward: Formulate strict guidelines for digital restrictions.
4. Media Pressure: 
   • Threats to journalistic independence persist.
   • Way Forward: Strengthen press councils and editorial autonomy.
5. Defamation and Censorship: 
   • Legal cases often suppress free speech.
   • Way Forward: Adopt a balanced defamation law in line with global best practices.

Right to Freedom Global Perspective

The Right to Freedom aligns with international covenants such as the Universal Declaration of Human Rights (Article 19) and the International Covenant on Civil and Political Rights (ICCPR), to which India is a signatory. The Indian judiciary has consistently upheld these global norms, integrating them into national jurisprudence.

Right to Freedom UPSC

The Right to Freedom in India embodies the essence of democracy, empowering individuals to think, speak, and act freely within the bounds of law. While the Constitution provides robust protection, evolving social, digital, and security dynamics continue to challenge its implementation. Strengthening institutional accountability, promoting legal literacy, and ensuring judicial independence are essential to uphold the spirit of freedom envisioned by the framers of the Constitution.