Right to Freedom

Article 19-22
Only to citizens
 ARTICLE 19(1)-Freedom of Speech and Expression

• Right to propagate one’s views Express views,

as well as views of others Expression, Belief Mouth, writing,
• Freedom of press and convictions Picturing etc.
• Right to telecast-no freely
government monopoly
• Freedom of silence
• Right against bundh called by Grounds- Sovereignty,
political organization Integrity of India,
• Right to demonstrate or Reasonable Security, public order,
picketing but not right to strike Restrictions Contempt of court,
Defamation
Navtej Singh Johar v/s
Union of India
ARTICLE 19 (2)- Freedom to Assemble

Peaceful Assembling,
Unarmed, Hold public meetings,
Demonstrations and take out
processions, On public land only

No violent protest, riotous Reasonable

assemblies ,involves arms or could Restrictions
breach public peace
 Magistrate can restrain
Section 144 CPC assembly

Section 141 IPC IF meeting or procession causes

obstruction, danger, damage,
health or safety disturbances,
riots etc.
5 or more persons –unlawful if it
• Resist execution of law order
• Forcibly occupy property of a person
• Commit mischief or criminal trespass
• Force someone for illegal act
• Threatens govt
Q- Right to Strike is a ??

a)Legal right b)Fundamental right

c) Statutory right d)Not a right in India
Answer- C

Right to Strike is not a fundamental right in India. It

was only after the enactment of Industrial Disputes
Act in 1947 that the right to strike was recognized in
India as a statutory right.

Section 22(1)(a) of the Act states that employees

can go for the strike in case of breach of contract
provided a prior notice is given to the employer
within 6 weeks of such strike.
 ARTICLE 19 (3)- Freedom of Association

right to form companies,

provides for the right to
societies, trade unions,
form associations,
partnership firms and
unions or cooperative
clubs, etc.
societies.

establishment, administration
and functioning.
Article 19 (4)- Freedom of movement

Restrictions :-
• Tribal Areas
• Government Security Areas
• Public health and interest

2 Dimensions of Art-19

• Internal movement- Art-19

• External Movement and to
come back- Art- 21
 ARTICLE 19 (5) - Freedom of residence

Right to Restrictions :- Right to

Reside • Tribal Areas Settle
• Public interest

Stay temporarily Domicile, Home

permanently
Article 19 (6) - Freedom of profession, occupation, trade or business

Restrictions :-
• Technical qualifications for Trade, business etc.
• No objection on state- whether monopoly or not
• No immortal occupation allowed-child trafficking,
explosive etc.
Article 20: Protection Against Conviction of Offences

No Ex-post Facto Law

Against arbitrary and
excessive punishment

No double Jeopardy
3 Provisions

No Self Incrimination
• Ex Post Facto Law- a law, which imposes penalties or convictions on the acts
already done and increases the penalty for such acts.

Only in criminal matters-not allowed.

In civil matters-Allowed. EX- A tax can be imposed retrospectively

• Double Jeopardy- No Punishment for the same crime

more than once

• Self Incrimination - Self witness- not allowed

Q) Self Incrimination extends to

a)Criminal proceeding Only

b)Civil proceedings Only
c)Both Criminal and Civil Proceedings
d)A person cannot be self Incriminated in
any matter
Answer- A

• Self incrimination does not extend to compulsory production

of material objects
• Compulsion to give thumb impression, specimen signature,
blood specimen and
• compulsory exhibition of body
• further extends only to criminal proceedings and not to civil
proceedings or proceedings which are not of criminal nature.
Q )Double jeopardy Is not available in proceedings
before.??

a)Proceedings before court

b)Proceedings before judicial tribunal
c)Proceedings before court and
departmental authority
d)Proceedings before departmental and
administrative authority
Answer- D

Double Jeopardy is available only in proceedings

before a court of law or a judicial tribunal.

It is not available in the proceedings before

departmental and administrative authorities as
they are not of judicial nature
Q) Which rights are known as Golden Triangle ?

1. Article- 21,22,32
2.Article- 14,19,21
3.Article- 15,19,21
4.Article -19,21,32
Answer- B
 Article 21- Protection of Life and personal Liberty

• No person shall be
deprived of his life and
personal liberty except
according to procedure
established by law

• Available to Both
Citizens and Non Citizens
AK Gopalan Case
(1950)

• Protection only against arbitrary

executive actions and not
Legislative arbitrary actions
REASON-
Procedure
established by law • Personal Liberty- Liberty relating to
a person or body of individuals
Menaka Gandhi Case Supreme Court overruled its earlier
judgement
(1978)

• Right to life and personal liberty can be deprived law on reasonable,

just and fair, grounds.
• Incorporated- Due process of Law
• Against arbitrary actions of both executive and legislature
• With existence and survival –Right to live a dignified life is implicit.
 Article 21
covers
variety of
rights

And many more

Article 21 cannot be suspended

during an emergency
 • Right to Die with Dignity (Euthanasia)

Aruna Shanbaugh
deliberate ending of a person's life in order vs Union of India
to alleviate suffering and misery. It's also (2011)
known as 'mercy killing.'

• Passive Euthanasia can be practiced on the

case-by-case bench of the High Court

• Active Euthanasia- illegal

 Article -21 A- Right to Education

State shall provide free and compulsory

education to all children of 6 to 14 years
Also in Article 45 and
Article 51 A

Not enforceable by court

86th Constitutional Amendment Act,2002

Full time satisfactory

Right to Free and Compulsory Education 2009 elementary education to every
child
 Article 22 - Protection of life and personal liberty

• Detention of a person without

Punish a person for an offence
committed by him after trial and
conviction in the court
trial and conviction by the court.
• Precautionary measure-based on
suspicion
 • No person who is arrested shall be detained in
custody without being informed

• Right to consult a legal Practitioner

Not Available-
• Enemy alien • Produced before magistrate before 24 hours
• Person under (Travel time included)
preventive
• Right to be released unless magistrate
detention authorizes further detention.
Q – Arrest under Punitive Detention DOESNOT COVER

1.an act of quasi criminal nature

2.deportation of an alien
3.orders of court
4.arrest on failure to pay the income tax

a) 2,4 b) 2,3,1
c) 2,3,4 d) 1,4
• Answer- c
• Punitive detention- Do not cover arrest under the
orders of court, Civil arrest, arrest on failure to
pay the income tax and deportation of an alien.

• They apply only to an act of criminal or quasi

criminal nature or some activity pre judicial to
Public interest.
 The detention of a person cannot exceed 3
months unless an Advisory Board reports
sufficient cause for extended detention.
The board is to consist of judges of the High Court

The ground of detention should be

Legal
communicated to the detenu new.
Representation
However, the facts considered to be Opportunity
against the public interest need not be
disclosed
Article 22 also prescribes the Parliament certain Circumstances

• a person can be detained for more than three months under the
preventive detention without obtaining the opinion of an Advisory Board.

• The maximum period For which a person can be detained.

• The procedure to be followed by Advisory body

The 44th Amendment Act 1978 has reduced the period of detention without
obtaining the opinion of an advisory body from three to two months.
However, this provision is not yet been bought into force, hence the original
period of three months still Continues.