Article 19: Freedoms and Their Limits
Flashcards on the six freedoms of Article 19(1) and the reasonable restrictions attached to each.
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Questions Covered in This Set
10 cards to master
What does Article 19(1)(a) guarantee?
Freedom of speech and expression — including the freedom of the press, the right to know, and the right not to speak (press freedom is read into it, not separately listed).
Article 19(1)(b) — what is protected, and what are the built-in limits?
The freedom to assemble 'peaceably and without arms'. Protests, dharnas and public meetings are protected; a riot or an armed gathering is not.
Does Article 19(1)(c) include a right to strike?
No. It protects the right to *form* associations, unions and co-operative societies, but the Supreme Court has held it does not automatically include a right to strike or to recognition.
Why is there no Article 19(1)(f)?
It was the right to property, deleted by the 44th Amendment (1978) and downgraded to an ordinary legal right under Article 300A.
Who can claim Article 19 rights?
Only citizens — not foreigners and not companies as such (though courts often let shareholders sue). Contrast Articles 14 and 21, which protect 'persons'.
List the eight grounds for restricting speech under Article 19(2).
Sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; contempt of court; defamation; incitement to an offence.
What are the grounds for restricting movement and residence (19(5))?
Interests of the general public, and protection of the interests of Scheduled Tribes.
What extra powers does Article 19(6) give the state over trade and profession?
Besides restrictions in the interests of the general public, the state may prescribe professional or technical qualifications and may run a State monopoly in any trade or business.
Which amendments added grounds of restriction to Article 19(2)?
The First Amendment (1951) added 'public order' and 'friendly relations with foreign States' (after Romesh Thappar and Brij Bhushan); the 16th Amendment (1963) added 'sovereignty and integrity of India'.
What two conditions must any Article 19 restriction satisfy?
It must be imposed by a law (not a mere executive order or police whim), and it must be reasonable and fall within the specific grounds listed for that particular freedom — grounds are not interchangeable.
