(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; (g) to practise any profession, or to carry on any occupation, trade or business. (2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause 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. (3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause. (4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty andintegrity of India or] public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause. (5) Nothing in 1 [sub-clauses (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe. (6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,— (i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.
Constitution of India
Section 19
Protection of certain rights regarding freedom of speech, etc
⚡ Quick Answer Reference: Section 19 Constitution
- Provision: Section 19 of Constitution
- Act: Constitution of India
- Classification: Statute
- Jurisdiction: India
- Summary: This section protects certain fundamental rights of citizens, including freedom of speech and expression, peaceful assembly, forming associations, moving freely, residing, and practicing professions. However, these rights can be restricted in the interests of national security, public order, or morality.
What does Section 19 of Constitution say?
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What does Section 19 of Constitution mean?
Plain English Explanation
This section protects certain fundamental rights of citizens, including freedom of speech and expression, peaceful assembly, forming associations, moving freely, residing, and practicing professions. However, these rights can be restricted in the interests of national security, public order, or morality.
Practical Interpretation
In real-world scenarios, this section means that citizens have the right to express themselves freely, but the government can impose restrictions if it's necessary for national security or public order. For instance, if a public gathering is deemed a threat to national security, the government can restrict the right to peaceful assembly.
Core Legal Purpose
The core purpose of this section is to balance individual rights with the need for national security, public order, and morality. It ensures that citizens have the freedom to express themselves and assemble peacefully, but also allows the government to impose restrictions when necessary.
- •All citizens shall have the right to freedom of speech and expression.
- •The right to assemble peaceably and without arms.
- •The right to form associations or unions.
- •The right to move freely throughout the territory of India.
- •The right to reside and settle in any part of the territory of India.
- •The right to practise any profession, or to carry on any occupation, trade or business.
Practical Example of Section 19 Constitution
Rajesh, a journalist, wants to write an article criticizing the government's handling of a recent crisis. However, the government claims that the article could incite public unrest and impose restrictions on Rajesh's right to freedom of speech and expression. In this scenario, the government can restrict Rajesh's right to freedom of speech and expression if it's necessary for national security or public order.
Frequently Asked Questions about Section 19 Constitution
Q: What is the punishment or consequence under Section 19 of Constitution?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the rights of citizens and the circumstances under which the government can impose restrictions on these rights.
Q: Does this section apply to private individuals or public entities?
This section applies to all citizens, including private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 19 Constitution
What is Section 19 of Constitution?
Section 19 of the Constitution of India (Constitution) defines and regulates "Protection of certain rights regarding freedom of speech, etc". In plain terms: This section protects certain fundamental rights of citizens, including freedom of speech and expression, peaceful assembly, forming associations, moving freely, residing, and practicing professions. However, these rights can be restricted in the interests of national security, public order, or morality.
What are the elements of Section 19 of Constitution?
The essential elements of Section 19 of Constitution are: All citizens shall have the right to freedom of speech and expression.; The right to assemble peaceably and without arms.; The right to form associations or unions..
Landmark Judgments under Section 19 Constitution
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 19
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