Article 19

Background and evolution

The freedoms in Article 19 were seen by the framers as the heart of a democratic republic. The original Constitution listed seven freedoms, including the right to acquire, hold and dispose of property under Article 19(1)(f). This was removed by the 44th Amendment in 1978, leaving six.

Soon after the Constitution began, the Supreme Court in Romesh Thappar (1950) struck down a ban on a journal, holding that "public order" was not then a ground for restricting speech. Parliament responded with the First Amendment (1951), adding public order, friendly relations with foreign states and incitement to an offence as grounds, and inserting the word "reasonable" before restrictions. The 16th Amendment (1963) added "sovereignty and integrity of India" in response to secessionist demands.

Key features and provisions

• Freedoms: (a) speech and expression; (b) peaceful assembly without arms; (c) forming associations, unions and cooperative societies; (d) moving freely throughout India; (e) residing and settling anywhere in India; (g) practising any profession, trade or business.
• Speech restrictions (19(2)): sovereignty and integrity, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to an offence.
• Reasonableness: courts test whether restrictions are proportionate and connected to a listed ground.
• Implied rights: press freedom, the right to information, the right to broadcast, and the right to silence (Bijoe Emmanuel, 1986).
• Suspension: during a national emergency declared on grounds of war or external aggression, Article 358 suspends Article 19.
• Cooperative societies: added to 19(1)(c) by the 97th Amendment (2011).