Right to Freedom (Article 19 - 22)

Right to Freedom can be described as the backbone of Fundamental Rights. Freedom means freedom of thought, expression and their exercise.

ARTICLE 19 - FUNDAMENTAL FREEDOMS

Six fundamental freedoms are included in this article.

1 Article 19(i)(a) - Freedom of speech and expression.

2. Article 19(i)(b) - Freedom of peaceful assembly and unarmed assembly.

3. Article 19(i)(c) - Right to form organizations and movements. (Freedom to form cooperative societies was also provided by the 97th Amendment of 2011.)

4. Article 19(i)(d) - Freedom to move throughout India.

5. Article 19(i)(e) - Freedom to reside anywhere in India.

6. Article 19(i)(g) - Freedom to engage in any occupation of one's choice, to start and carry on one's own business or trade.

Note: Article 19(i)(f) - Freedom related to property (removed from the Fundamental Rights by the 44th Amendment.)

These six rights are available only to citizens of the country and shareholders of companies in the country. They are not available to foreigners. These six rights are protected only from the actions of the state. Article 19 is repealed during the state of emergency under Article 358.

Six Fundamental Freedoms to all Citizens

1. Freedom of speech and expression

Every citizen has the freedom to express his or her own ideas. This freedom is not unlimited. It is not the freedom to do as one pleases or desires. It is subject to government control (Article 19(2)). Freedom of expression is not permitted in a way that disrupts the peace, incites violence, causes defamation, or is contempt of court. According to the Supreme Court's criteria, freedom of expression includes:

• The right to disseminate one's views or the views of others.

• Freedom of the press.

• Freedom of commercial advertisements.

• The right not to have telephone conversation leak.

• Freedom of broadcasting, meaning that the government does not have a monopoly on electronic media.

• ​​The right against a harthal called by a political party or organization.

• The right to know about the activities of the government.

• The freedom to remain silent.

• The right against pre-censorship of a newspaper.

• The right to demonstrate or picket (not the right to strike).

2. Freedom of Assembly

The Constitution guarantees the right to assemble peacefully. The right to hold processions is also included in freedom of assembly. Freedom of assembly is also subject to government control (Article 19(3)). Under Section 144 of the Criminal Procedure Code (1973), a magistrate has the power to prohibit any assembly that is likely to endanger life, health or safety of a person or to cause disorder.

3. Freedom of Association

The Constitution provides for freedom to form associations and unions freely. This includes the freedom to form trade unions. However, it prohibits the formation of associations for illegal or anti-national purposes. Similarly, government employees can only join associations in accordance with the service rules. This provides freedom not to form or join a union or association. This freedom is also subject to government control (Article 19(4)).

4. Freedom of Movement

Every citizen has the right to move freely anywhere in India. However, the state can impose restrictions on freedom of movement for the protection of the Scheduled Tribes. Freedom of movement has two levels.

i. Internal movement (right to move within the country)

ii. External movement (right to leave the country and return to the country)

Article 19 deals with internal movement and Article 21 deals with international movement.

5. Freedom of Residence

Citizens have the right to reside permanently in any part of India. However, the state may restrict freedom of residence for the public good and for the welfare of the tribals. This right has two parts.

i. Right to reside temporarily in any part of the country

ii. Right to reside permanently in any part of the country

Freedom of movement and freedom of residence are subject to the control of the government (Article 19(5)).

6. Freedom of Occupation, Trade or Business

The Constitution guarantees the freedom of Indian citizens to take up any occupation and to carry on any trade or business of their choice. However, citizens do not have the right to engage in any occupation or trade that is considered by the society to be oppressive. This freedom is also subject to the control of the government (Article 19(6)).

ARTICLE 20 - PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES

Article 20 of the Constitution provides for the protection in respect of conviction for offences. Articles 20 and 21 are articles that cannot be repealed even during a state of emergency.

• No ex post facto law - Criminal laws cannot be passed with retrospective effect. A person who violates the existing law is a criminal. That person cannot be subjected to a heavier punishment or fine than that which was applicable under the law in force at the time of the commission of the crime.

• No double Jeopardy - A person cannot be prosecuted or punished more than once for the same offence (Article 20(2)).

• No self incrimination - A person cannot be compelled to give evidence against himself (Article 20(3))

ARTICLE 21 - RIGHT TO LIFE AND PERSONAL LIBERTY

The most important of the rights to liberty are the rights to life and personal liberty. No one shall be deprived of his life or personal liberty except in accordance with procedure established by law. The Supreme Court has clarified that this right includes the right of a person to live with dignity, free from exploitation. The Supreme Court has clarified that no person can live without means of livelihood and the right to life also includes the rights to housing and livelihood. According to the 44th Amendment to the Constitution, this right cannot be denied even during a national emergency. Article 21 is known as the foundation of fundamental rights. Smoking in public places was banned on the basis of this article of the Constitution. This article gives a citizen the right to choose a life partner of his choice. The article includes the right to privacy. The Supreme Court ruled that the right to privacy is a fundamental right in the case of K.S. Puttaswamy v/s Union of India (2017). Articles 14, 19, and 21 are known as the golden triangle of the Constitution.

Other important rights related to Article 21

• Right to survival

• Right to safe haven

• Right to health

• Right to speedy trial

• Right to freedom from solitary confinement

• Right to travel abroad

• Right to object to forced labor

• Right to timely treatment in government hospitals

• Right to information and news

• Right to sleep

• Right not to be tortured in custody

• Right to basic facilities in prison.

ARTICLE 21 A - RIGHT TO EDUCATION

It stipulates that all children from the age of six to 14 years shall be provided with free education. The 86th Constitutional Amendment (2002) is the constitutional amendment that made education a fundamental right.

RIGHT TO EDUCATION ACT, 2009 - The Education Act is a law made in relation to the right to education enshrined in Article 21(A). The right to education has been made a right similar to the right to life. It is the responsibility of the state to ensure quality primary education to all children. The Parliament passed the Right to Education Act on 26 August 2009. The Right to Education Act passed by the Parliament came into force on 1 April 2010.

ARTICLE 22 - PROTECTION AGAINST ARREST AND DETENTION IN CERTAIN CASES

Article 22 guarantees protection against arbitrary arrest and detention. It guarantees three rights.

1. A person arrested has the right to know the reason for his arrest.

2. A person arrested has the right to consult a lawyer of his choice and to defend his case through him.

3. Any person arrested and detained shall be produced before the nearest Magistrate within 24 hours.

A Magistrate who is not a police officer shall decide whether the arrest is justice or not. This article deals with preventive detention. In some cases, persons may be detained for a certain period of time without any formalities established by law on the suspicion of being likely to commit an offence before the commission of the offence. The Government has the power to arrest a person and detain him without trial if it is of the opinion that he poses a threat to the security of the State or to the peace and order of the State. The prisoner has the right to send a representative against the order of detention. The Preventive Detention Bill was introduced in Parliament by Sardar Vallabhbhai Patel. The first person to be arrested under the ‘Preventive Detention Act' was A.K. Gopalan. Preventive Detention can be extended for up to 3 months. After three months, the case must be reviewed before an advisory committee. The Preventive Detention Act was approved by the President on 25 February 1950. The Preventive Detention Act came into force on 26 February 1950.