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Rights to Freedom

Fundamental Rights under the Indian Constitution (Article 19)

Introduction

The right to freedom is one of the most important fundamental rights that have been granted to us by the founders of the Indian Constitution. This right allows every citizen of India to be free from the ancient form of slavery and ensures personal liberty.

The Six Freedoms

The Constitution guarantees the following rights to all citizens:


  1. To freedom of speech and expression.
  2. To assemble peaceably and without arms.
  3. To form associations or unions.
  4. To move freely throughout the territory of India.
  5. To reside and settle in any part of the territory of India.
  6. To practise any profession, or to carry on any occupation, trade or business.

Reasonable Restrictions

These rights are not absolute. The State imposes "Reasonable Restrictions" to balance individual liberty with social control and national security.


1. On Freedom of Speech and Expression:

Restrictions can be imposed in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation, or incitement to an offence.

2. On Freedom of Assembly:

Restrictions can be imposed in the interests of the sovereignty and integrity of India or public order.

3. On Freedom to Form Associations:

Restrictions can be imposed in the interests of the sovereignty and integrity of India, public order, or morality.

4. On Freedom of Movement & Residence:

Restrictions can be imposed either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.

5. On Freedom of Profession/Trade:

Restrictions can be imposed in the interests of the general public. Specifically, the State may prescribe professional or technical qualifications necessary for practising any profession. The State may also create monopolies (carrying on trade by the State or a corporation owned by the State) to the exclusion of citizens.

Summary

While Article 19 grants extensive liberties to citizens, it ensures that these liberties are not used to undermine the security of the State or the rights of others. The balance between "Freedom" and "Restriction" is the core of Indian democracy.