Article 19

Article 19: Freedom of Speech and Expression

Article 19 guarantees six fundamental freedoms to all citizens of India, subject to reasonable restrictions.

Six Freedoms under Article 19(1)

1. (a) Freedom of speech and expression
2. (b) Freedom to assemble peaceably and without arms
3. (c) Freedom to form associations or unions
4. (d) Freedom to move freely throughout the territory of India
5. (e) Freedom to reside and settle in any part of India
6. (g) Freedom to practice any profession, or to carry on any occupation, trade or business

Freedom of Speech and Expression [19(1)(a)]

This is the most important freedom and includes:

• Right to express one's views through any medium - speech, writing, printing, pictures, films, etc.
• Freedom of press (implied)
• Right to information (under RTI Act, 2005)
• Right to know about government functioning
• Commercial speech and advertising
• Right to silence

Reasonable Restrictions [19(2)]

The State can impose reasonable restrictions on freedom of speech in the interests of:

• 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

Important Principles

• Test of Reasonableness: Any restriction must be reasonable - not excessive or arbitrary
• Procedure Established by Law: Restrictions must be imposed only through proper legislation
• Prior Restraint: Generally not permitted except in exceptional circumstances

Landmark Cases

• Romesh Thappar v. State of Madras (1950): Freedom of speech is essential for democracy
• Shreya Singhal v. Union of India (2015): Struck down Section 66A of IT Act as violative of Article 19(1)(a)
• Indian Express Newspapers v. Union of India (1985): Freedom of press is implicit in Article 19(1)(a)

Contemporary Issues

• Internet censorship and Section 144
• Social media regulations
• Sedition law (Section 124A IPC)
• Film certification and censorship
• Hate speech and fake news