Article 19: Six Freedoms

Notes

Art. 19(1) guarantees six freedoms to citizens only (not foreigners or companies):

(a) Freedom of speech and expression
(b) Right to assemble peaceably and without arms
(c) Right to form associations, unions or cooperative societies ("cooperative societies" added by the 97th Amendment, 2011)
(d) Right to move freely throughout the territory of India
(e) Right to reside and settle in any part of India
(g) Right to practise any profession, or carry on any occupation, trade or business

(Clause (f), right to acquire, hold and dispose of property, was deleted by the 44th Amendment, 1978.)

Freedom of speech and expression: what courts have included

Press freedom: Romesh Thappar (1950), Brij Bhushan (1950); no prior restraint on the press.
Right to information: State of UP v Raj Narain (1975); S.P. Gupta (1981). Now statutory under the RTI Act, 2005.
Right not to speak / silence: Bijoe Emmanuel (1986), students not forced to sing the national anthem.
Commercial speech: Tata Press v MTNL (1995).
Broadcasting: Secretary, MIB v Cricket Association of Bengal (1995); airwaves are public property.
Internet: Anuradha Bhasin v Union of India (2020); freedom of speech and of trade through the internet is protected; indefinite shutdowns are not allowed; orders must be proportionate and published.
Shreya Singhal v Union of India (2015): Sec. 66A of the IT Act struck down as vague and a chilling effect on speech.
Sedition (Sec. 124A IPC): the Supreme Court put it in abeyance in S.G. Vombatkere (2022). The Bharatiya Nyaya Sanhita, 2023 dropped "sedition" but added Sec. 152 on acts endangering the sovereignty, unity and integrity of India.
Not included: the right to strike (T.K. Rangarajan, 2003), or right to call a bandh (CPI(M) v Bharat Kumar, 1998).

Assembly (19(1)(b)): must be peaceful and unarmed; no right to hold assemblies on public property indefinitely (Amit Sahni v Commissioner of Police, 2020, Shaheen Bagh). Ramlila Maidan (2012): police action at night violated Art. 21 and 19.

Association (19(1)(c)): includes the right to form, not a right to be recognised, or to strike, or to obtain recognition by the government.

Movement and residence (19(1)(d),(e)): subject to restriction in the interest of the general public and for protection of Scheduled Tribes. Does not cover travel abroad (that falls under Art. 21; Satwant Singh Sawhney, 1967).

Profession, trade (19(1)(g)): subject to Art. 19(6): technical or professional qualifications and State monopoly in any trade or business.

Key Points

Six freedoms; citizens only.
Property freedom deleted by the 44th Amendment; "cooperative societies" added by the 97th.
Free press is part of 19(1)(a), not a separate right.
Right to strike and bandh are not fundamental rights.
Art. 19 is suspended automatically during a war or external-aggression Emergency (Art. 358).

MCQs

Q1. Which Amendment added "cooperative societies" to Art. 19(1)(c)?
(a) 44th
(b) 73rd
(c) 97th
(d) 86th
Ans: (c). 97th Amendment, 2011 (also added Art. 43B and Part IXB).

Q2. In which case was Sec. 66A of the IT Act struck down?
(a) Anuradha Bhasin
(b) Shreya Singhal v Union of India
(c) Puttaswamy
(d) Romesh Thappar
Ans: (b). 2015.

Q3. Which of the following is NOT currently a freedom under Art. 19(1)?
(a) Freedom to assemble peaceably
(b) Freedom to form associations
(c) Freedom to acquire, hold and dispose of property
(d) Freedom to practise any profession
Ans: (c). Deleted by the 44th Amendment (1978).