Freedom of Speech

Context:

Pakistan’s upper house of parliament passed a controversial Bill that critics argue is designed to suppress freedom of speech.

Article 19 of the Indian Constitution Right to Freedom

Article 19 of the Constitution of India provides fundamental freedoms to citizens mainly on freedom of speech and expression and also provides for reasonable restrictions that the state can impose.

Important Provisions under Article 19

All citizens shall have the right to:

• Freedom of Speech and Expression 19(1)(a)
  • The right to speak freely with words, writing or any form of gesture This right comprises press freedom right to information and internet freedom.
• Right to Assemble Peaceably and Without Arms 19(1)(b)
  • This is the right of citizens to assemble peacefully without carrying arms and for example protest hold meetings or demonstrations.
• Right to Form Associations or Unions 19(1)(c)
  • Citizens have the right to form associations, societies, political parties, trade unions and other organizations.
• Right to Move Freely Throughout the Territory of India 19(1)(d)
  • Individuals have the right to travel or move about freely within the country without unnecessary restrictions.
• Right to Reside and Settle in Any Part of India 19(1)(e)
  • Freedom to reside and settle in any part of India.
• Note Clause f Right to property
  • It was deleted by the 44th Amendment Act 1978 and is now a legal right under Article 300A.
• Right to carry on any occupation trade or business 19(1)(g)
  • Freedom to practice any profession or trade or business.

Restrictions by Reasonable Means Under Article 19(2)

While Article 19(1) provides fundamental rights, Article 19(2) provides the state the right to put reasonable restrictions for the following purposes.

• Sovereignty and Integrity of India
• Security of the State
• Friendly Relations with Foreign States
• Public Order
• Decency or Morality
• Contempt of Court
• Defamation
• Incitement to an Offence

These limitations provide with the cause that freedom of speech and other rights cannot be hurt for national interest or in the publics favor or even individual rights.

Importance of Article 19

Ensures democratic rights and freedom of expression It guards civil liberties sanctioning the freedom to express dissent or peaceful protests. Balances individual rights with the national interest with practical limitations Therefore its a cornerstone of a free and open society in India.