ARTICLE 19 OF THE CONSTITUTION- THE CORE FUNDAMENTAL RIGHT
The Author is Mr. Muhammad Aslah who is pursuing B.A. LL.B at School of Legal Studies, Kannur University. He is currently studying in the second year.
INTRODUCTION
The Indian Constitution is the world’s largest and
lengthiest written constitution. It has taken 2 years, 11 months and 18 days to
complete the Constitution of India. The Constitution of India has its own
rigidity and flexibility. It has borrowed various provisions from different
parts of the world. In the Constitution of India Articles 12-35 of PART III has
utmost importance. PART III of Indian Constitution deals with fundamental
rights guaranteed to the citizens of India. These rights cannot be taken away
by any of the amendments. In PART III of the Constitution, Article 19 is the
core part which discusses about the fundamental rights available to the
citizens of India.
ARTICLE 19 IN THE CONSTITUTION OF INDIA
Article 19 in the Constitution of India stipulates
that a citizen of India is guaranteed six fundamental rights. They are as
follows [1]:
Article 19 (1) All citizens shall have right to-
(a) To
freedom of speech and expression.
(b) To
assemble peaceably without any arms.
(c) To form associations or unions.
(d) To move freely throughout the territory of
India.
(e) To reside and settle in any part of the
territory of India.
(f) To practise any profession, or to carry on
any occupation, trade or business.
Initially, the citizens of India had seven fundamental rights. The right
to property was moved from Article 19 to Article 300A of the Constitution by
the 44th Amendment Act, 1978 [2].
Now right to property is a Constitutional right. Several rights such as right
to privacy, right to freedom of press, etc. also comes under any of the
categories of fundamental rights guaranteed to the citizens of India. In Maneka
Gandhi V. Union of India [3], the Supreme
Court held that freedom of speech and expression has no geographical limitation
and it carries with it the right of a citizen to gather information and to
exchange thought with others not only in India but abroad also. In Secretary,
Ministry of Information and Broadcasting V. Cricket Association of Bengal [4], the Supreme Court held that every citizen has
a fundamental right to impart as well as receive information through the
electronic media. It ruled that frequencies or airwaves are public property,
and that the government enjoys no monopoly over broadcasting. Court ordered the
government to take immediate steps to set up an independent and autonomous
public authority to regulate frequencies.
REASONABLE RESTRICTIONS UPON ARTICLE 19
Article 19 of the Constitution of India is subject to certain reasonable
restrictions. The fundamental rights guaranteed to the citizens of India is suspended
in the case of emergency proclamation under the Articles 352, 356 and 360.
Article 19 clauses 2-6 deals with the suspension of various fundamental rights
under circumstances. Under Article 19 (2), reasonable restrictions can be applied
to freedom of speech and expression in the interests of:
1. Sovereignty and integrity of India.
2. Security of the state.
3. Friendly relations with foreign states.
4. Public order.
5. Decency or morality.
6. Contempt of court.
7. Defamation.
8. Incitement to an offence.
Article 19
(3) gives the state power to impose reasonable restrictions to right to
assemble peaceably if the state may deem as to be necessary in the interest of
public order or for the sovereignty and integrity of India. The right to
freedom to form association or unions is subject to reasonable restrictions
under Article 19 (4) in the interest of public order, sovereignty and integrity
of India and morality. The right to move freely throughout the territory of
India and the right to reside and settle in any part of the territory of India
is subject to reasonable restrictions in the interest of general public or for
the protection of the interests of any Scheduled Tribe under Article 19 (5).
Furthermore, the freedom to practise any profession, or to carry on any
occupation, trade or business is subject to reasonable restriction under
Article 19 (6) in the form of giving the state power to make laws relating to
any professional or technical qualification necessary to practise such posts
and state is empowered to make law for carrying on by the state, or by a
corporation owned or controlled by the state of any trade, business, industry
or service.
As regards
unreasonable restrictions, the vital principle that is to be kept in mind by
the state is that the restrictive law should strike a proper balance between
the freedom guaranteed under Article 19. The restriction imposed by the state
should not be an excessive one. Restriction need not be beyond what is required.
In the case of Chintamanrao V. State of M.P. [5],
the facts were that Madhya Pradesh government brought an Act called the Madhya
Pradesh Act which prohibited all persons residing in certain areas from
engaging in the manufacture of bidis. This was challenged before the Hon’ble
Supreme Court. The Apex Court held that the impugned Act is void because it
went far beyond the purpose of the Act. Furthermore, in the case of Sodan Singh
V. New Delhi Muncipal Committee [6], it was
held by the Supreme Court while recognising the right of the individual to
carry on trade or business on street pavements, that the right is subject to
reasonable restrictions that may be imposed in the public interest. However,
the restrictions imposed upon fundamental rights was challenged in the Court of
Law several times. In Rupinder Singh V. Union of India [7], the Apex Court declined to give any direction in a writ
petition filed by some prominent Sikhs that in order to prevent a Morcha by the
Akali Party on the inauguration day of the Asiad Games. In Saiyid Manzur Hassan
V. Saiyid Mohammed Zaman [8], the Privy
Council held that there is always a right to conduct a religious procession
along highways, but it should not be done in a way as not to obstruct the
general public user and subject to restrictions imposed by the state.
CONCLUSION
The Indian
Constitution is a great Constitution. It has its own statutes and provisions.
The Constitution guarantees basic rights to the citizens of India. The
Judiciary in India acts as the guardian of fundamental rights which is
enumerated in the Constitution of India.
3.
AIR 1978 2 S.C.R. 621 (78) A.S.C. 597
4.
AIR 1995 SCC 1236
5.
AIR 1951 SC 118
6.
AIR 1998 INSC 60
7.
AIR 1983 SC 65
8.
AIR 1925 PC 36
Super
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