• Originally, the Constitution provided for seven Fundamental Rights under Article 19. The property right was deleted from the list by the 44th Amendment Act, 1978.
• It is made a legal right under Article 300-A in Part XII of the Constitution. So, at present, there are only six Fundamental Rights under Article 19. [UPSC 2021]

• The Supreme Court held that freedom of speech contains the following rights:
  • Right to propagate one’s views as well as the views of others. (Freedom of circulation.)
  • Freedom of the press.
  • Freedom of commercial advertisements.
  • Right against tapping of telephonic conservation.
  • Right to telecast, that is, the government has no monopoly on electronic media.
  • Right against bundh called by a political party or organization.
• Right to know about government activities.
• • Freedom of silence.
  • Right against imposition of pre-censorship on a newspaper.
  • Right to demonstration or picketing but not the right to strike.
  • Right to fly the national flag.
  • Right of voters to know the antecedents of the candidates contesting elections.
  • Right to choose the medium of instruction at the stage of primary school.
  • Right to express gender identity.
  • Right to reply (right to answer the criticism).
  • Right to post information/videos on the internet/ social media.
  • Right of film-makers to exhibit their films.
  • Right to access the internet (right to access to information via the internet)
• Article 19(2): The State can impose reasonable restrictions on the following grounds:
  • Friendly relations with foreign states;
  • Incitement to an offence;
  • Public order;
  • Sovereignty and integrity of India;
  • Defamation; Contempt of court; Security of the state; Decency or morality.

• All Citizens have the right to assemble peaceably and without arms.
• Right to hold public meetings, demonstrations and take out processions.
• Permitted only on public land in a peaceful manner and without arms.
• Limitations on Assembly: Does Not Protect violent, disorderly, riotous assemblies or one that causes a breach of public peace or involves arms.
• Right does not include Right to Strike.
• Article 19(3): It mentions reasonable restrictions on two grounds: Sovereignty and integrity of India and public order, including the maintenance of traffic in the concerned area.
• Section 144 (CrPC): Magistrate can restrain an assembly, meeting or procession involving the risk of obstruction, annoyance, or danger to human life, health or safety or disturbance of public tranquility or riot or any affray.
• Section 141 (IPC): Assembly of five or more persons becomes unlawful if the objective is:
  • To resist the execution of any law or legal process.
  • To forcibly occupy the property of some person.
  • To commit any mischief or criminal trespass.
  • To force someone to do an illegal act.
  • To threaten govt officials on exercising lawful powers.

• All citizens have the right to form associations or unions or cooperative societies:
  • Right to Form: Political parties, companies, partnership firms, societies, clubs, organizations, trade unions or any body of persons.
  • Right to Continue: Includes the right to continue with the association.
  • Includes negative right of not to form or join an association or union.
  • Article 19(4): Reasonable restrictions: Sovereignty of India, Integrity of India, Public order, Morality.
  • Right to obtain recognition of association is not a fundamental right.
• Supreme Court held that trade unions have:
  • No guaranteed right to effective bargaining.
  • No right to strike. (It can be controlled by appropriate industrial law.)
  • No right to declare a lockout.

• Every citizen has the right to move freely – Interstate and Intrastate movements.
• Objective: Unity of India, promotes national feeling, no parochialism.
• Article 19(5): Reasonable restrictions: Interest of general public, Protection of interests of any Scheduled Tribes.
• Supreme Court: The movement of prostitutes can be restricted on grounds of public health and morals.
• Bombay High Court: Upholds restrictions on movement of persons affected by AIDS.
• Article 19: Internal freedom of movement – right to move inside the country.
• Article 21: External freedom of movement – right to move out of the country.

• Every citizen has the right to reside and settle in any part of the territory of India. (Temporary stay or permanent domicile.)
• Intended to remove internal barriers within the country. (To promote nationalism and avoid narrow-mindedness.)
• Article 19(5): Reasonable restrictions: Interest of general public, Protection of interests of any Scheduled Tribes.
• In many parts of the country, tribals regulate property rights by their customary rules and laws.
• Supreme Court: Certain areas can be banned for certain kinds of persons like prostitutes and habitual offenders.
• Right to residence and right to movement are complementary to each other.

• All citizens are given the right to practice any profession or to carry on any occupation, trade and business.
• Very Wide: Covers all means of earning one’s livelihood.
• Article 19(6): The State can impose reasonable restrictions on the exercise of this right in the interest of the general public. The state is empowered to:
  • Prescribe professional/technical qualifications for practising any profession or trade.
  • Carry on by itself any trade, business, industry or service to the exclusion of citizens, wholly or partially.
  • State is not required to justify its monopoly.
• Regulation of Immoral or Dangerous Professions: This right does not include the right to carry on immoral or dangerous professions – state can prohibit or regulate them via licensing.

• No Ex-post-facto Law: No person shall be convicted of an offence except for violation of a law in force at the time of the act, nor subjected to a penalty greater than that prescribed.
  • Applies only to criminal laws, not civil or tax laws.
  • Not applicable in preventive detention or security demand cases.
• No Double Jeopardy: No person shall be prosecuted and punished for the same offence more than once.
  • Applies only to judicial proceedings in courts or judicial tribunals.
  • Does not apply to departmental or administrative inquiries.
• No Self-Incrimination: No accused shall be compelled to be a witness against himself.
  • Applies only to criminal cases, not civil proceedings.
  • Does not cover: fingerprinting, blood tests, body exhibition.

• No person shall be deprived of life or personal liberty except according to the procedure established by law.
• Applies to citizens and non-citizens both.
• Procedure established by law: Borrowed from Japan – checks for law only, not fairness.
• Due Process of Law: American concept – ensures fairness and justice of law itself.

Landmark Cases:

• Gopalan Case (1950): Narrow interpretation – protection only from executive, not legislature.
• Maneka Gandhi Case (1978): Broadened scope – due process applied; liberty includes fair and just legal process; right to live with dignity.
• KS Puttaswamy Case (2017): Right to privacy is a fundamental right under Article 21 – applies only if:
  • There is a legislative mandate
  • It pursues a legitimate state aim
  • It is proportionate
• Hadiya Case (2017): Right to marry a person of one’s choice is part of life and liberty.

Rights as part of Article 21:

• The State shall provide free and compulsory education to all children aged 6 to 14 years.
• Applies to elementary education only, not higher/professional education.
• Unni Krishnan Case (1993): SC recognized primary education as part of Article 21.

• Article 22(1): Rights of persons arrested under an ordinary law:
  • Right to be informed of the grounds of arrest.
  • Right to consult and be defended by a legal practitioner.
  • Right to be produced before a magistrate within 24 hours (excluding travel time).
  • Right to be released after 24 hours unless magistrate permits further detention.
  • These safeguards do not apply to:
    • Enemy aliens
    • Persons arrested/detained under preventive detention laws
• Article 22(2): Rights of persons under preventive detention laws:
  • Available to both citizens and aliens.
  • Maximum period: 3 months, unless an advisory board permits extension.
  • The advisory board must consist of judges of a High Court.
• Extended Preventive Detention: Parliament is empowered to:
  • Prescribe cases and classes where detention may exceed 3 months without advisory board approval.
  • Lay down procedure for advisory board operation.
• Parliamentary Authority: Parliament has exclusive power to make laws on preventive detention for:
  • Defence
  • Foreign Affairs
  • Security of India
• Concurrent Legislative Authority: Both Parliament and State Legislatures can make laws for:
  • Security of the state
  • Public order
  • Essential supplies and services
• Unique Feature: India is the only democracy to make preventive detention a constitutional provision.