Mains Daily Question
Jan. 10, 2024

Q.2 Article 19 stands as a beacon, championing the indispensable right to freedom of expression as the cornerstone of Indian democracy. Explain Article 19 including all the six rights guaranteed under it.  (10M/150W)

Model Answer

Approach 

Introduction: Briefly introduce with basic essence of Article 19

Body:

Heading 1: Write all the six fundamental rights with reasonable restrictions

Conclusion: Conclude with your key remarks on Article 19.

 

Answer

Article 19 of the Indian Constitution guarantees six fundamental rights related to freedom of expression and personal liberties. these rights are available only to the citizens and to shareholders of a company but not to foreigners or legal persons like companies or corporations, etc. DHowever, these rights are not absolute and are subject to certain reasonable restrictions. Here are the six rights under Article 19 along with their reasonable restrictions:

 

Freedom of Speech and Expression (Article 19(1)(a)):

  • Guarantee: It implies that every citizen has the right to express his views, opinions, belief and convictions freely by word of mouth, writing, printing, picturing or in any other manner. 
  • Reasonable Restrictions: These can include restrictions on speech that incites violence, leads to defamation, or poses a threat to public order, decency, or morality.
    • Freedom to Assemble Peacefully (Article 19(1)(b)):
      • Guarantee: Citizens have the right to assemble peacefully without arms. It includes the right to hold public meetings, demonstrations and take out processions. 
      • Reasonable Restrictions: Restrictions can be imposed on the grounds of public order, morality, and the sovereignty and integrity of India.

 

  • Freedom to Form Associations or Unions (Article 19(1)(c)):

 

      • Guarantee: Citizens have the right to form associations or unions.It includes the right to form political parties, companies, partnership firms, societies, clubs, organizations, trade unions or any body of persons. 
      • Reasonable Restrictions: Restrictions can be imposed in the interest of public order, morality, and the sovereignty and integrity of India.
    • Freedom to Move Freely Throughout the Territory of India (Article 19(1)(d)):
      • Guarantee: Citizens have the right to move freely within the country. They can move freely from one state to another or from one place to another within a state. .
      • Reasonable Restrictions: The grounds of imposing reasonable restrictions on this freedom are two, namely, the interests of the general public and the protection of interests of any scheduled tribe. 

 

  • Freedom to Reside and Settle in Any Part of the Territory of India (Article 19(1)(e)):

 

      • Guarantee: Citizens have the right to reside and settle in any part of the country.This right has two parts: (a) the right to reside in any part of the country, which means to stay at any place temporarily, and (b) the right to settle in any part of the country, which means to set up a home or domicile at any place permanently.
      • Reasonable Restrictions: The grounds of imposing reasonable restrictions on this freedom are two, namely, the interests of the general public and the protection of interests of any scheduled tribe. 

 

  • Freedom to Practice Any Profession, or to Carry on Any Occupation, Trade, or Business (Article 19(1)(g)):

 

    • Guarantee: Citizens have the right to practice any profession or carry on any occupation, trade, or business. This right is very wide as it covers all the means of earning one’s livelihood. 
    • Reasonable Restrictions: Restrictions can be imposed in the interest of the general public, or on the grounds of professional or technical qualifications necessary for the practice of a profession.

 

Therefore, Article 19 and its recognition of the six fundamental freedoms underscore the significance of safeguarding individual liberties in a democratic society. Striking a delicate balance between upholding individual liberties and implementing necessary limitations is imperative for the sustainable functioning of a democratic society. Adhering to these principles fosters an environment where citizens can freely express themselves, engage in informed discourse, and contribute to the collective well-being, thereby reinforcing the democratic ideals that Article 19 seeks to promote.

Subjects : Polity
Only Students can submit Answer.

Enquire Now