Right To Freedom Of Speech And Expression


 
 
Concept Explanation
 

Right To Freedom Of Speech And Expression

Right To Freedom Of Speech And Expression:

The Constitution of India contains the right to freedom, given in articles 19, 20, 21 and 22, with the view of guaranteeing individual rights that were considered vital by the framers of the Constitution.

The right to freedom in Article 19 (1) guarantees the following six freedoms:

  • Article 19 (1) (A), Freedom of speech and expression, enables an individual to participate in public activities. The phrase, "freedom of press" has not been used in Article 19, but freedom of expression includes freedom of press. Reasonable restrictions can be imposed in the interest of public order, security of State, decency or morality.
  • Article 19 (1) (B), Freedom to assemble peacefully without arms, on which the State can impose reasonable restrictions in the interest of public order and the sovereignty and integrity of India.
  • Article 19 (1) (C), Freedom to form associations or unions on which the State can impose reasonable restrictions on this freedom in the interest of public order, morality and the sovereignty and integrity of India.
  • Article 19 (1) (D), Freedom to move freely throughout the territory of India though reasonable restrictions can be imposed on this right in the interest of the general public, for example, restrictions may be imposed on movement and traveling, so as to control epidemics.
  • Article 19 (1) (E), Freedom to reside and settle in any part of the territory of India, which is also subject to reasonable restrictions by the State in the interest of the general public or for the protection of the scheduled tribes because certain safeguards as are envisaged here seem to be justified to protect indigenous and tribal people from exploitation and coercion. Article 370 restricts citizens from other Indian states and Kashmiri women who marry men from other states from purchasing land or property in Jammu and Kashmir.
  • Article 19 (1) (F), Freedom to practice any profession or to carry on any occupation, trade or business on  which the State may impose reasonable restrictions in the interest of the general public. Thus, there is no right to carry on a business which is dangerous or immoral. Also, professional or technical qualifications may be prescribed for practicing any profession or carrying on any trade.
  • The Constitution also guarantees the right to life and personal liberty, which in turn cites specific provisions in which these rights are applied and enforced:
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    Sample Questions
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    Question : 1

    Which of the following are correct :

    (a) Article 370 of the Indian Constitution restricts citizens from other Indian states and Kashmiri women who marry men from other states from purchasing land or property in Jammu and Kashmir.

    (b) Freedom to practice any profession or to carry on any occupation, trade or business on  which the State may impose reasonable restrictions in the interest of the general public.

    Right Option : C
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    Explanation
    Question : 2

    Which of the following fundamental rights is not available to foreign nationals ?

    Right Option : B
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    Explanation
    Question : 3

    According to _____________________, of the Indian Constitution no one can be awarded punishment which is more than what the law of the land prescribes at that time.

    Right Option : C
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    Explanation
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