ARTICLE 19: RIGHT TO FREEDOM1

Clause (a) to (g) of Article 19(1) guarantee to the citizens of India six freedoms, viz., of
‘speech and expression’, ‘peaceable assembly’ ‘association’, ‘free movement’, ‘residence’,
and ‘practicing any profession and carrying on any business’.

These various freedoms are necessary not only to promote certain basic rights of the
citizens but also certain democratic values in, and the oneness and unity of, the country.
Art. 19 guarantee some of the basic, values in, and the oneness and unity of, the country.
Art. 19 guarantee some of the basic, valued and natural rights inherent in a person.

These rights are not exhaustive of all the rights of a free man who has far more and
wider rights. The freedoms enumerated in Article 19(1) are those great and basic rights
which are recognized as the natural inherent in the status of a citizen. According to
Supreme Court, it is possible that a right does not find express mention in any clause of
Art. 19(1) and yet it may be covered by some clause therein. This gives an additional
dimension to Article 19(1) in the sense that even though a right may not be explicit, it
may yet be implicit in the various clauses of Art.19.

The principle on which the power of the State to impose restriction is based is that all
individual rights of a person are held subject to such reasonable limitations and
regulations as may be necessary or expedient for the protection of the general welfare.
In the words of Das, J., “social interest in individual liberty may well have to be
subordinated to other greater social interests. Indeed, there has to be a balance between
individual rights guaranteed under Article 19(1) and the exigencies of the State which is
the custodian of the interests of the general public, public order, decency or morality
and of other public interests which may compendiously be described as social welfare.”

A law restricting the exercise of any of the seven freedoms guaranteed by clause (1) of
Article 19 to be constitutionally valid, must satisfy two conditions, namely:-

(1) The restriction must be for the particular purpose mentioned in the clause
permitting the imposition of the restriction on that particular right, and permitting the
imposition of the restriction.
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(2) The restriction must be a reasonable restriction.

It may be emphasized that the requirement that a restriction should be reasonable is of

great constitutional significance, for it acts as a limitation on the power of the
legislature, and consequently, widens the scope of judicial review of laws restraining the
exercise of freedoms guaranteed by Article 19.

Freedom of speech is essential for the proper functioning of the democratic process. The
freedom of speech and expression is regarded as the first condition of liberty. It occupies
a preferred position in the hierarchy of liberties giving succor and protection to all other
liberties.

The test of reasonableness has to be applied to each individual statute impugned and no
abstract standard or general pattern of reasonableness can be laid down as applicable to
all cases. The meaning would vary according to which of the six rights guaranteed under
clause (1) is being restricted by the impugned law. Some of the principles which the
Supreme Court has affirmed in ascertaining the reasonableness of restrictions on the
exercise of the rights secured under this article.

1. Reasonableness demands proper balancing: – The phrase ‘reasonable

restrictions’ connotes that the limitation imposed upon a person in the enjoyment of a
right should not be arbitrary or of an excessive nature. Legislation which arbitrarily or
excessively invades any of the six freedoms cannot be said to contain the quality of
reasonableness, and unless it strikes a proper balance between the freedoms guaranteed
under Article 19(1) and social control permitted by clauses (2) to (6) of Article 19, it
must be held to be wanting in reasonableness.

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