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DAILY
CLASS NOTES
Indian Polity

Lecture - 16
Article 19, Article 20, Article 21
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Article 19, Article 20, Article 21

Article 19 (1) (d):
❖ It guarantees the right to freedom of movement throughout the territory of India.
❖ It means no part of India should be made inaccessible to a citizen.
❖ The Constitution does not say ‘within’ the territory of India because it is different from ‘throughout’.
❖ Here freely means right to whenever, wherever, however, one wants to move.
❖ Restriction:
⮚ However, this right can be restricted on the grounds of the security of the country, maintenance of
public order, morality and decency in the interests of scheduled tribes, etc.
⮚ Example: North East Frontier Area (NEFA)

Article 19 (1) (e):

❖ It guarantees the right to residence and settlement throughout the territory of India.
❖ In fact, this right is called the corollary of the previous right i.e., Article 19 (1) (d).
❖ The grounds of restriction to this right are similar to the above right i.e., Article 19 (1) (d).

Article 19 (1) (g):

❖ It guarantees the right to avocation i.e., the right to profession, occupation, trade or business of one’s
choice.
❖ But the State can impose necessary qualifications in the form of educational qualifications, physical fitness,
mental capacity, loyalty to the State, etc.
❖ Exception:
⮚ The reasonable restriction can be imposed in the public interest where the State can take over a trade
or business partially or completely.
⮚ Example: Sell of liquor, defence article manufacturing, etc.

Article 20:
❖ It deals with protection in respect of conviction for offences.
❖ Article 20 provides three types of protection.

Article 20 (1):
❖ It prohibits the State from enacting ex-post facto criminal legislation.
❖ This means the State cannot enact a criminal law and give retrospective effect to criminal law.
❖ But it does not prohibit civil legislation and gives it retrospective effect.
❖ Under Article 20 (1) an act in order to be a criminal act i.e., punishable must be so declared in the law at the
time of commissioning of the act.
❖ An act that is not a criminal law at the time of its commission cannot be subsequently made into a criminal
act and the individual is punished for that.
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Article 20 (2):
❖ It prohibits the State from practicing double jeopardy. It means punishing an individual more than once by
a court of law for the commission of a single criminal act.
❖ This means if a civil servant is dismissed or removed from service by his department on the basis of his
criminal conviction in a court of law does not amount to double jeopardy.
❖ Because the department is not a court of law.

Article 20 (3):
❖ It prohibits the State from compelling an individual to provide self-incriminating evidence means
confession made by a person against himself cannot be the basis of his punishment.
❖ It means compelling an individual to make a statement and use the statement against the individual himself
and procure punishment under the rule of law.
❖ This article is given to save the citizen from the might and oppression of the State.
❖ Under the Prevention of Terrorism Act, (POTA) of 2002 the confession can be used by the police provided
the confession should be informed to the judiciary within 24 hours.

Article 20 (4):
❖ Article 20 (4) cannot be suspended even during a national emergency.

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