Speech is the God’s gift to the human race. It allows humans to express their feelings, sentiments and feelings to others. Therefore, freedom of speech and expression is a natural right of mankind.
What is Article 19?
All the citizens of India have the right to express their views and opinions freely. Article 19 guarantees the freedom of speech and expression to each and every citizen of the country.
Article 19 of the Indian Constitution emphasizes on expressing one’s opinion freely without interference and to seek, receive and impart information and ideas through any medium, example - by words of mouth, printing, picture, writing, film, movies etc.
Essential ingredients of Right to Freedom of Speech and Expression:
- Right to freedom of speech and expression is given only to the citizens of the country, a foreign national is excluded.
- There are different mediums to express your thoughts and emotions. They can be spoken words, written words, painting etc.
- The right is not an absolute right. Government can impose certain restrictions in the interest of the sovereignty and integrity of India.
- Failure on the part of the state to guarantee the fundamental rights to freedom of speech and expression would also constitute a violation of Article 19 (1) (A).
Article 19 1 allows all the citizens shall have the right:
- To freedom of speech and expression.
- To form associations or unions.
- To assemble peaceably without arms.
- To move freely throughout the territory of India.
- To reside and settle in any part of the territory of India.
- To practice any profession or carry out any occupation trade or business.
Article 19 (1) (A): Freedom of speech and expression
The Article 19 (1) (A) of the Indian Constitution states the primary state of freedom, i.e., the ability to speak freely. It holds a significant position in the hierarchy of liberty. It includes sharing of one’s thoughts or views through any medium be it words (orally or written), painting, film etc. It also includes freedom to communicate and publish/propagate an opinion.
This clause of Article 19 (1) (A) of the Indian Constitution preserves the democratic way of life by allowing people to make their views known to the people at large. It includes the freedom of the press. After all, it is a powerful medium of mass communication that plays a vital role in building a strong society.
Article 19 (2): Restrictions on freedom of speech and expression
There are certain restrictions which are imposed on the freedom of speech and expression: These are:
- The interests of the integrity and sovereignty of India.
- Friendly relations with foreign states.
- Security of the state.
- Incitement to an offence.
- In relation to contempt of court, defamation.
- Public order, decency or morality.
Article 19 (1) (B): Freedom to assemble
Article 19(1) (b) recognizes the freedom of assembly. It guarantees to the citizens the right to assemble peacefully and without arms.
Article 19 (1) (C): Freedom of association
Freedom of association is a right to associate with any group as a person wishes.
Article 19 1 (C) states that citizens of India have the right to freedom to form associations or unions. The 'Right to Strike' supports this provision. Earlier the 'Right to strike' was not a fundamental right. Only after the enactment of the Industrial Disputes Act in 1947, the right to strike was recognized as a statutory right. Without the 'Right to Strike', the right to form associations will be hollow. Through a series of judicial decisions emphasizing the legality or illegality of strikes, we have never imposed a ban on the right to strike.
Article 19 (1) (D): Freedom of movement
Article 19(1) (D) of The Indian Constitution guarantees all the citizens of India "To move freely throughout the territory of India." This right is, however, subject to reasonable restrictions mentioned under Article 19(5). Clause (5) of Article 19 empowers the State to impose reasonable restrictions for the protection of the interest of any Scheduled Tribe or in the interest of the general public.
Article 19 (1) (E): Freedom of residence
It guarantees every citizen of India the right to reside and settle in any part of the territory of India. This right is subject to reasonable restrictions which may be imposed by the State, by law under clause (5) of Article 19, in the interest of any scheduled tribe or in the interest of the general public.
Article 19 1 (G): Right to any occupation, trade or business
Article 19 1 (G) of the Indian Constitution allows the citizens of India to engage in any occupation, trade, or business of their choice. However, there are certain restrictions attached to this clause. Environmental regulation is one of the important restrictions which directly impact the manner in which the occupation, trade, or business should be carried out. The courts always look forward to balancing environmental interest with the environmental rights.
In the case of M.C. Mehta and Kamal Nath, a hotel was discharging untreated effluents into the river Beas which was leading to water pollution and disturbing aquatic life. The Supreme Court held that any interruption of basic environmental elements like air, water, and soil would be hazardous for life. Therefore, the hotel cannot be permitted to work.
Conclusion:
In a democratic country like India, Article 19 - Right to Freedom opens up channels for free discussion of issues. Freedom of speech plays a crucial role in the formation of public opinion on social, economic, and political issues. It embraces the freedom of propagation and interchange of ideas, and dissemination of information which would help the formation of one’s opinion and viewpoint & debates on matters of public concern.
