News Highlight
The Supreme Court has inadvertently expanded the grounds for asserting these rights against other citizens by holding that a citizen may seek enforcement of these rights against other citizens and the state.
Key Takeaway
- A fundamental right under Article 19/21 can be enforced even against persons other than the State or its instrumentalities.
- The court took this view while ruling that the right of free speech and expression guaranteed under Article 19(1)(a) cannot be curbed by any additional grounds other than those already laid down in Article 19(2).
- The court, extending free speech against private citizens, opens up many possibilities in Constitutional law.
- This interpretation could also bring an obligation on the state to ensure private entities abide by Constitutional norms.
- The Court relied on the 2017 verdict in Puttaswamy, where a nine-judge bench unanimously upheld privacy as a fundamental right.
- The Court also referred to several foreign jurisdictions, contrasting the American approach with the European Courts.
Article 19 of the Constitution
- About
- Article 19 is a part of the Fundamental Rights (Part III) of the Indian Constitution.
- Article 19 guarantees freedom of speech and expression and is a right invoked against the state.
- Some fundamental rights, such as those prohibiting untouchability, trafficking and bonded labour, are explicitly against the state and other individuals.
- It is available only to citizens and not to foreigners.
- Protection of certain rights regarding freedom of speech
- (1) All citizens shall have the right
- (a) to freedom of speech and expression;
- (b) to assemble peaceably and without arms;
- (c) to form associations or unions;
- (d) to move freely throughout the territory of India;
- (e) to reside and settle in any part of the territory of India; and
- (g) to practise any profession or to carry on any occupation, trade or business.
Article 19 guarantees six freedoms, and they are:
- (1) Freedom of speech and expression
- The State guarantees freedom of speech and expression to every person in India.
- However, the State can impose restrictions on the freedom of speech and expression in the interests of the integrity, security and sovereignty of the country, friendly relations with foreign nations, for public order, concerning defamation, incitement to offence or contempt of court.
- (2) Freedom to assemble
- The State guarantees every person the freedom to assemble peacefully without arms.
- However, as above, reasonable restrictions can be imposed in the interests of the sovereignty and integrity of the country and public order.
- (3) Freedom to form associations/unions/cooperative societies
- Again, the State can impose restrictions in the interests of the country’s integrity, security and sovereignty, friendly relations with foreign nations, for public order, concerning defamation, incitement to offence or contempt of court.
- This freedom gives workers the right to form a trade union, which is thus a fundamental right.
- (4) Freedom to move freely
- A citizen of India can move freely throughout the territory of India.
- But this right can also be restricted on the grounds of security, public order or for protecting the interests of the Scheduled Tribes.
- (5) Freedom of residence
- Citizens of India have the right to reside in any part of the country.
- Although restrictions can be imposed on security, public order or for protecting the interests of the Scheduled Tribes.
- (6) Freedom of profession
- All citizens have the right to carry on any trade or profession/occupation, provided the trade or occupation is not illegal or immoral.
- Also, the State can make laws related to technical or professional qualifications required for practising the occupation or trade.
Pic Courtesy: Ipleaders
Content Source: The Hindu