google.com, pub-1675275063806243, DIRECT, f08c47fec0942fa0 INDIAN POLITY AND INDIAN HISTORY : Article 19 provides the six freedoms of:

Saturday, 14 February 2015

Article 19 provides the six freedoms of:

Speech and expression; Assemble peacefully and without arms; Form associations or unions; Move freely throughout the territory of India; Reside and settle in any part of the territory of India; and  Practise any profession, or to carry on any occupation, trade or business.

State can impose restrictions on the freedom of speech in the interest of the sovereignty and integrity of India, the security of the state, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of Court, defamation or incitement to an offence. 

Restrictions can be imposed on the right to form associations is the interests of the sovereignty and integrity of India or public order or morality. Restrictions can also be imposed on freedom of movement and reside and settle in the interests of the general public or for the protection of the interests of any Scheduled Tribe.

State can prescribe the profession or technical qualifications necessary for practicing any profession or carrying on any occupation, trade or business. State can exclude any citizen from a business or industry run by the Government or a body of Government. There is no specific provision in the Constitution guaranteeing the freedom of the press because freedom of the press is included in the wider freedom of ‘expression ‘which is guaranteed by freedom of expression under Art. 19. 

Article 20 guarantees certain protection in respect of conviction for offences. . It prohibits:
Retrospective criminal legislation, commonly known as ex post facto legislation. Double jeopardy or punishment for the same offence more than once. Compulsion to give self-incriminating evidence.


Article 21 (A) makes the right of education for children of the age of 6 to 14 years a fundamental right. (Ref.: 86th Amendment Act, 2002)

Article 21 of Constitution provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law.

Under the ‘ Due Process’ Clause of the American Constitution, the Court has assumed the power of declaring unconstitutional any law which deprives a person of his liberty without reasonableness and fairness.
In England court have no power to invalidate a law made by parliament. 

In the case of Gopalan Supreme Court held that our constitution had embodied the English concept.
In Maneka’s case the Supreme Court held that a law made by the State which seeks to deprive a person of his personal liberty must prescribe a procedure for such deprivation which must not be arbitrary, unfair or unreasonable. It follows that such aw shall be invalid if it violates the principle of natural justice.

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