Article 19 of Indian Constitution, Amendments, Case Laws

Article 19 of Indian Constitution guarantees certain important freedoms to citizens. It gives six basic rights: freedom of speech and expression, peaceful assembly, forming associations or unions, moving freely throughout India, residing and settling anywhere in India, and practicing any profession or business. These freedoms are essential for democracy and personal development. However, they are not absolute. The State can impose reasonable restrictions in the interest of security, public order, morality and sovereignty of India.

Article 19 of Indian Constitution

Article 19 guarantees six fundamental freedoms to every citizen of India. These are:

Article 19 of Indian Constitution Availability

• The freedoms under Article 19 are available only to Indian citizens and not to foreigners.
• In R.C. Cooper v. Union of India, the Supreme Court held that when citizens form a company, they do not lose their fundamental rights. If a government action affects the company in a way that also affects the rights of its shareholders (who are Indian citizens), then those citizens can claim protection under Article 19.
• However, foreigners cannot claim the freedoms given under Article 19.

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Article 19 of Indian Constitution Case Laws

• Romesh Thappar v. State of Madras (1950): The Supreme Court held that freedom of speech includes the right to circulate ideas, which is essential for democracy.
• Bennett Coleman & Co. v. Union of India (1972): Freedom of the press is part of Article 19(1)(a); restrictions on newspaper circulation were declared unconstitutional.
• Bijoe Emmanuel v. State of Kerala (1986): Upheld the right to remain silent; no citizen can be forced to express views against their beliefs.
• Union of India v. Naveen Jindal (2004): Hoisting the national flag is a form of expression under Article 19(1)(a).
• S.R. Bommai v. Union of India (1994): The right to form associations includes the right to form political parties.
• Kharak Singh v. State of UP (1963): Police surveillance and domiciliary visits violate the right to free movement and privacy.
• State of Gujarat v. Mirzapur Moti Kureshi (2005): Reasonable restrictions on trade, such as prohibiting cow slaughter for public welfare, are valid.
• Shreya Singhal v. Union of India (2015): Struck down Section 66A of the IT Act, protecting online speech from arbitrary restrictions.

Article 19 of Indian Constitution Key Amendments

Article 19 of the Indian Constitution guarantees six fundamental freedoms, but over time, certain amendments have expanded the State’s power to impose reasonable restrictions or changed the rights themselves. The most important amendments are the 1st, 16th, 44th, and 97th.

• 1st Amendment (1951): Introduced new grounds for restricting freedom of speech and expression, such as public order, friendly relations with other countries, and preventing incitement to an offence.
• 16th Amendment (1963): Added “sovereignty and integrity of India” as a reason to impose restrictions on the freedoms of speech, assembly, and association.
• 44th Amendment (1978): Removed the right to property (Article 19(1)(f)) from the list of fundamental rights, reducing the total freedoms under Article 19 from seven to six.
• 97th Amendment (2011): Added the right to form cooperative societies under Article 19(1)(c).

These amendments balance individual freedoms with public interest and national security, shaping the way citizens can exercise their rights today.

Suspension of Article 19 during National Emergency

• Article 19 of Indian Constitution, which guarantees six fundamental freedoms such as speech, assembly, and movement, is automatically suspended under Article 358 when a National Emergency is declared on the grounds of war or external aggression. This means the State can make laws or take actions that would otherwise violate these rights, and such actions cannot be challenged in court, as long as they are directly connected to the emergency.
• The 44th Amendment Act (1978) clarified that this automatic suspension applies only to external emergencies (war or aggression) and not to internal disturbances like armed rebellion. The suspension remains in effect for the entire duration of the National Emergency.