Right to Freedom (Article 19-22) – UPSC Notes – Indian Polity

The Right to Freedom covers the essential and crucial rights of Indian citizens. Articles 19 to 22 in the Indian Constitution outline these rights, aiming to safeguard fundamental freedoms such as personal life, speech, expression, living with dignity, forming associations, and more. This right ensures citizens can live independently and with dignity, as mentioned in Articles 19, 20, 21A, and 22.

It holds significance by guaranteeing equal treatment and rights for all individuals in society, protecting them from arbitrary imprisonment. However, the Right to Freedom isn’t absolute and can be restricted in certain situations. This page will provide details about Articles 19 to 22, their constitutional provisions, the freedoms they offer, and their overall importance.

Right to Freedom

India’s constitution not only tells us about the country’s laws and how the government works but also puts limits on the government’s powers. Fundamental rights play a crucial role in ensuring a democratic state, guaranteeing specific rights to each person. The Constitution is so serious about these rights that it ensures the government won’t break them.

Fundamental Rights are detailed in Part III of the constitution, from Articles 12 to 35. Articles 19 to 22 are an essential part of these rights and focus on the Right to Freedom.

Right to Freedom (Article 19 to 22)

The Right to Freedom, covered in Article 19 to 22, addresses the basic and most important rights of Indian citizens. This portion of the Constitution, found in Part 3, is often considered the heart of the Constitution. Let’s briefly understand these articles:

• Article 19: Protects the rights to freedom for Assembly, Profession, Movement, Speech and expression, Association, and Residence.
• Article 20: Offers protection from conviction for certain offenses.
• Article 21: Ensures the right to life, personal liberty, and elementary education.
• Article 22: Provides protection against arrest and detention in specific situations.

Article 19 of the Indian Constitution: Right to Freedom of Speech and Expression

In Article 19 of the Indian Constitution, there are six important freedoms given to Indian citizens. Originally, there were seven rights, including the fundamental right to ‘acquire, possess, and maintain’ property.

Right to Freedom of Speech and Expression

According to Article 19 (1)(a), every Indian citizen has the right to freedom of speech and expression. This means that citizens can freely express their beliefs, opinions, and views orally, in writing, through graphics, or in any other reasonable way. This right also covers freedom of the press, the right to information (later included in the Right to Information Act, 2005), and the right to remain silent.

As per the Supreme Court, Freedom of Speech and Expression includes several things – the right to share views, freedom of the press, freedom of commercial advertisement, protection against tapping telephonic conversations, the right to telecast, protection against strikes (bandh) by a political party or organization, right to information, freedom of silence, and the right to conduct demonstrations and picketing.

Freedom to Assemble

As per Article 19 (1)(b) of the Constitution, every individual has the right to gather in groups for social, political, religious, or educational meetings and peaceful processions without arms. The only restriction is that the assembly must not be illegal. Unlawful assembly is covered under Section 141 of the IPC, and the state can regulate such activities using Section 129 of the Code of Criminal Procedure, Section 144 of the Code of Criminal Procedure, and the Prevention of Seditious Meetings Act of 1911.

Form Unions, Associations, Cooperatives Society

Under Article 19 (1)(c), individuals can form associations, including companies, organizations, trade unions, clubs, and political parties. However, certain exceptions apply. For example, police personnel are prohibited from forming trade unions by the Police Forces Act of 1966. Additionally, telecommunications employees, members of intelligence bureaus, and armed forces cannot form political associations.

Freedom of Movement

As stated in Article 19 (1)(d), individuals can move freely throughout the country without restrictions. However, restrictions may be imposed based on tribal interest, public order, or security concerns.

Freedom of Residence

Article 19 (1)(e) grants all citizens the right to travel freely within India and settle without internal barriers. The state can limit this right in the interest of security or the well-being of Scheduled Tribes.

Freedom of Profession

Under Article 19 (1) (g) of the Indian Constitution, individuals can choose any occupation, profession, or trade. However, the state can regulate this right by enacting specific laws necessary for practicing certain trades or professions.

The six rights outlined in Article 19 of the Indian Constitution are protected only against state action and not against private individuals. Restrictions on the right to freedom under Article 19 are based on public interest grounds, such as:

• State Security
• International Relations
• Contempt of Court
• Public Order
• Decency or morality
• Defamation
• Incitement to an offence
• Sovereignty and integrity of India

Right to Freedom in Indian Constitution – Article 20

Article 20 of the Indian Constitution protects the rights of Indian citizens in certain legal situations. It includes three important rights:

1. Protection against Double Jeopardy: This means a person cannot be punished for the same crime more than once.
2. Prohibition of Ex-Post Facto Law: If an action becomes a crime after it’s done, the law cannot be applied to punish the person retroactively. However, this doesn’t apply to all crimes, and the punishment cannot be more severe than what the law stated when the crime occurred.
3. Protection against Self-Incrimination: A person accused of a crime cannot be forced to testify against themselves.

Right to Freedom – Article 21

Article 21 of the Indian Constitution states that no one can be deprived of their life or personal liberty except through established legal procedures. This applies to all individuals, whether they are Indian citizens or foreigners.

The scope of “personal liberty” under Article 21 has evolved over time. It includes more than just basic existence or survival. After the Maneka Gandhi case, the Supreme Court expanded its meaning to include the right to live with dignity, the right to earn a living, the right to good health, and the right to clean air, among other things.

According to Article 21(A), introduced by the 86th Amendment in 2002, the state is responsible for providing compulsory and free education to all children aged 6 to 14 years.

Right to Freedom – Article 22

Article 22 of the Indian Constitution safeguards individuals against arrest, detention, and outlines post-arrest procedures, but this protection applies only in specific instances. Additionally, this Article ensures the right to legal counsel for the accused.

According to Article 22 (1), the accused has the right to be informed of the grounds for arrest.

Under Article 22 (2), an individual has the right to approach the nearest magistrate within 24 hours of being arrested.

Lastly, Article 22 (3) specifies that an individual cannot be kept in custody for a period determined by the judicial magistrate.

It’s important to note that these protections do not extend to enemy aliens and those arrested under preventive detention laws. (Preventive detention refers to the detention of an individual without any trial).

FAQs

1. What is the Right to Freedom in the Indian Constitution?

The Right to Freedom in the Indian Constitution encompasses fundamental rights outlined in Articles 19 to 22. It ensures essential liberties for citizens, including freedom of speech, expression, assembly, movement, residence, and profession.

2. Which articles specifically constitute the Right to Freedom in India?

Articles 19 to 22 in Part III of the Indian Constitution specifically constitute the Right to Freedom. These articles cover various aspects such as freedom of speech, protection from conviction, the right to life, and safeguards against arrest and detention.

3. Why is the Right to Freedom considered the heart of the Indian Constitution?

The Right to Freedom, particularly Articles 19 to 22, is often regarded as the heart of the Indian Constitution because it addresses fundamental and vital rights, ensuring citizens’ protection from arbitrary imprisonment and upholding democratic principles.

4. Can the Right to Freedom be restricted?

Yes, the Right to Freedom is not absolute and can be restricted in certain situations. Restrictions may be imposed on grounds such as state security, international relations, contempt of court, public order, decency or morality, defamation, incitement to an offense, and the sovereignty and integrity of India.

5. What does Article 19 of the Indian Constitution cover?

Article 19 protects six fundamental freedoms, including the right to assembly, profession, movement, speech and expression, association, and residence. These rights are essential for individuals to live independently and with dignity.

6. How does Article 20 protect individuals in legal situations?

Article 20 of the Indian Constitution protects individuals in legal situations by ensuring protection against double jeopardy, prohibiting ex-post facto laws, and safeguarding against self-incrimination.

7. What does Article 21 guarantee under the Right to Freedom?

Article 21 guarantees the right to life and personal liberty, extending beyond basic survival. It includes the right to live with dignity, earn a living, and enjoy clean air. Additionally, it mandates compulsory and free education for children aged 6 to 14 years.

8. How does Article 22 protect individuals against arrest and detention?

Article 22 safeguards individuals against arbitrary arrest and detention. It ensures the right to be informed of the grounds for arrest, the right to approach the nearest magistrate within 24 hours, and specifies a limit on the period of custody determined by the judicial magistrate.

9. Are there exceptions to the protections under Article 22 of the Indian Constitution?

Yes, protections under Article 22 do not extend to enemy aliens and those arrested under preventive detention laws. Preventive detention refers to the detention of an individual without any trial.

10. Can individuals form associations freely under the Right to Freedom?

Under Article 19(1)(c), individuals have the right to form associations, including companies, organizations, trade unions, clubs, and political parties. However, there are certain exceptions, such as police personnel being prohibited from forming trade unions.

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