Published May 6, 2024
2 mins read
411 words
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The Indian Constitution's Article 19

Published May 6, 2024
2 mins read
411 words

Section 19: 

safeguarding specific rights, such as those related to speech freedom, etc. 1. Every citizen will be entitled to a) The right to express oneself freely; b) To gather amicably and without using force; d) To establish unions or alliances; d) To travel unhindered across India's territory; e) To live and establish oneself wherever within the borders of India; and g) Excluded by the Act 44th Amendment a) To engage in any kind of employment, trade, or business, or to practise any profession. 

AN EXPLAINATION USING EMBLEM CASES:

1. Freedom of Speech and Expression: Article 19 of the Constitution guarantees the freedom to freely express one's opinions in writing, orally, electronically, through broadcast media, or through the press. Press freedom is a component of freedom of expression.

2. Freedom of Assembly: The right to convene and conduct processions is guaranteed by the constitution. Peaceful and non-armed processions and meetings are required. In the purpose of maintaining the nation's sovereignty and integrity, this right may be curtailed. The Supreme Court has also examined and interpreted this article numerous times.

3. Freedom of Association: According to the Constitution, everyone is free to organise into unions and associations. 

4. Freedom of Movement: As per the Constitution, residents are allowed to travel between states as well as within a single state. a person with unrestricted mobility throughout the nation's borders. There are several exclusions, such as army and Scheduled Tribe regions.

5. Freedom of Residence: With the exception of Jammu & Kashmir, Indian citizens are allowed to live in any state. Again, there are certain limitations on this.

 6. Freedom of Trade and Occupation: Every Indian citizen is entitled to engage in trade, employment, or business wherever in the nation under the terms of the Indian Constitution.

Case Law :

Maneka Gandhi v. Union of India: Freedom of speech and expression has no geographical limitation and it carries with it the right of a citizen to gather information and to exchange thought with others not only in India but abroad also.

Kharak singh v. State of UP: Watching and shadowing of suspects for the purpose of keeping record of their movement and activities & Domiciliary visits.

T.K. Rangarajan v. State of Tamil Nadu: Right to form association does not carry the right to strike.

Ibrahim Wazir v. State of Bombay: Indian citizen came to India without permit and was arrested and deported to Pakistan by the Government.

P.A. Inamdar v. State of Maharashtra: Education is an occupation.

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