ARTICLE 19:  PROTECTION OF SIX RIGHTS

Article 19 is the reservoir of civil rights that are imperative for the development of any person into a unique human being.

Clause 1: It consists of six subclauses guaranteeing six fundamental freedoms to all the citizens.

ARTICLE 19 (1) (A): FREEDOM OF SPEECH AND EXPRESSION

Among all the freedoms, the freedom of speech and expression is inevitable to attain liberty. It is the prerequisite for all other freedoms to thrive in a society. It includes

1. The freedom to freely express any opinion through any medium such as the Words Of Mouth, Writing, Printing, Audio-Visual, Movie, Film, Pictures, Electronic Platforms, etc;
2. The freedom of communication; publication and propagation of opinions to all the people within the territory of India and abroad;
3. The right to acquire information and disseminate the same.

The above six freedoms that are explicitly given in the article contain numerous other implied freedoms within. One such implied freedom is the Freedom of Press. As there are no specific provisions in the constitution that talk about the freedom of press, the press in India draws its freedom from Article 19(1)(A) like the citizens. Hence, both the press and the citizens enjoy the same set of freedoms.

CASE 1: FREEDOM OF SILENCE – NATIONAL ANTHEM CASE

Three students from Kerala belonging to the denomination of Jehovah Witnesses were expelled from a school for refusing to sing the National anthem, despite the fact that they stood respectfully when it was sung.

The students challenged their expulsion in the High Court of Kerala, which upheld their expulsion. They appealed to the Supreme Court, which held their expulsion invalid. The Supreme Court held that the students did not commit any offence under Prevention of Insults to National Honour Act, 1971. Also, their fundamental right under Article 19(1)(a) includes the Right to Silence.

CASE 2: INDIAN EXPRESS NEWSPAPER V/S UNION OF INDIA

The Supreme Court held that, though the Right to Freedom of Speech and Expression under Article 19(1)(a) does not explicitly include Right to Freedom of Press, it is implied implicitly in it. The State cannot impose any restriction on the Freedom of Press through laws. The true spirit of democracy is People’s Participation In Governance, which is encouraged by the press. 

Clause 2: It says that nothing in the sub clause(a) shall prevent the State from putting in place reasonable restrictions to

• Protect The Sovereignty And Integrity of the country;
• Protect The Security of the country;
• Protect friendly relations with the foreign countries
• Maintain Public Order, Decency And Morality
• Affairs related to the Contempt Of Court, Defamation And Incitement of offences.

Clause 3: It says that nothing in the subclause(b) shall prevent the state from imposing reasonable restrictions to

• Protect The Sovereignty And Integrity of the country;
• Maintain public order.

Clause 4: It says that nothing in the sub clause(c) shall prevent the state from imposing reasonable restrictions to

• Protect the Sovereignty And Integrity of the country;
• Maintain Public Order And Morality

Clause 5: It says that nothing in the sub clauses(d) and (e) shall prevent the state from imposing reasonable restrictions to

• Protect The Interests Of General Public and
• Protect The Rights Of Scheduled Tribes

Clause 6: It says that nothing in the sub clause(g) shall prevent the state from enacting laws related to the following

• To specify qualifications To Practice Any Profession, Or An Occupation, Or A Trade Or A Business;
• To exclude partially or wholly certain trade or industry or business from the practice by the general public and keep it under the control of the State.