ARTICLE 19 & REASONABLE RESTRICTIONS

SATYA PRAKASH
ADJUNCT FACULTY
Symbiosis Law School, NOIDA
Article 19

 Protection of certain rights regarding freedom of speech etc

 (1) All citizens shall have the right
a) to freedom of speech and expression;
b) to assemble peaceably and without arms;
c) to form associations or unions;
d) to move freely throughout the territory of India;
e) to reside and settle in any part of the territory of India; and
f) omitted
g) to practise any profession, or to carry on any occupation, trade or business
 (2) Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law,
or prevent the State from making any law, in so far as such law imposes reasonable
restrictions on the exercise of the right conferred by the said sub clause in the interests
of the sovereignty and integrity of India, the security of the State, friendly relations with
foreign States, public order, decency or morality or in relation to contempt of court,
defamation or incitement to an offence
 Article 19 contd..
 (3) Nothing in sub clause (b) of the said clause shall affect the operation of any existing law in so far as it
imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity
of India or public order, reasonable restrictions on the exercise of the right conferred by the said sub clause
 (4) Nothing in sub clause (c) of the said clause shall affect the operation of any existing law in so far as it
imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity
of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said
sub clause
 (5) Nothing in sub clauses (d) and (e) of the said clause shall affect the operation of any existing law in so far
as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of
any of the rights conferred by the said sub clauses either in the interests of the general public or for the
protection of the interests of any Scheduled Tribe
 (6) Nothing in sub clause (g) of the said clause shall affect the operation of any existing law in so far as it
imposes, or prevent the State from making any law imposing, in the interests of the general public,
reasonable restrictions on the exercise of the right conferred by the said sub clause, and, in particular,
nothing in the said sub clause shall affect the operation of any existing law in so far as it relates to, or
prevent the State from making any law relating to,
 (i) the professional or technical qualifications necessary for practising any profession or carrying on any
occupation, trade or business, or
 (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business,
industry or service, whether to the exclusion, complete or partial, of citizens or otherwise
Constituent Assembly Debate on Art. 19
 Draft Constitution of India, 1948
 13. (1) Subject to the other provisions of this article, all citizens shall have the
right-
 (a) To freedom of speech and expression;
 (b) To assemble peaceably and without arms;
 (c) To form associations or unions;
 (d) To move freely throughout the territory of India;
 (e) To reside and settle in any part of the territory of India;
 (f) To acquire, hold and dispose of property; and
 (g) To practise any profession, or to carry on any occupation, trade or business.
 (2) Nothing in sub-clause (a) of clause (1) of this article shall affect the operation
of any existing law, or prevent the State from making any law, relating to libel,
slander, defamation, sedition or any other matter which offends against decency.
or morality or undermines the authority or foundation of the State.
Constituent Assembly Debate on Art. 19
 (3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law, or prevent the State from making
any law, imposing in the interests of public order restrictions on the exercise of the right conferred by the said sub-clause.
 (4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law, or prevent the State from making
any law, imposing, in the interests of the general public, restrictions on the exercise of the right conferred by the said sub-
clause.
 (5) Nothing in sub-clauses (d), (e) and (f) of the said clause shall affect the operation of any existing law, or prevent the State
from making any law, imposing restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the
interests of the general public or for the protection of the interests of any aboriginal tribe.
 (6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law, or prevent the State from making
any law, imposing in the interests of public order, morality or health, restrictions on the exercise of the right conferred by the
said sub-clause and in particular prescribing, or empowering any authority to prescribe, the professional or technical
qualifications necessary for practising any profession or carrying on any occupation, trade or business
 Draft Article 13 (Article 19, Constitution of India 1950) was debated on the 1 December 1948, 2nd of December 1948, 16th
October 1949 and 17th of October 1949.
 While the Constituent Assembly was unanimous on the incorporation of the rights to freedom in the Constitution, conflicts
emerged.
 The Assembly saw skirmishes primarily around the clauses that allowed existing and future laws to restrict the rights to
freedom on certain grounds. While some members were convinced rights could not be absolute, others were concerned that
restrictions effectively nullified the rights.
 It was suggested that the term ‘reasonable restrictions’ be introduced into the Article - this allowed the Courts to review
legislation and strike down restrictions that were arbitrary.
 The Article was adopted with amendments.
Free Speech in India & the US
 Article 19(1)(a) of the Constitution says, “All citizens shall have the right to
freedom of speech and expression.”
 But this freedom is not absolute and can be subjected to “reasonable
restrictions” as mentioned in Article 19(2) of the Constitution.
 First Amendment of the US Constitution:
“Congress shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the Government for a redress of
grievances.”
 Difference between free speech in India and the US:
 US expressly guarantees free speech to the press
 There are no restrictions on free speech in the US
 First amendment also includes right to religion
 But US courts have evolved doctrine of “imminent danger”
Framework of Law on Free Speech in India

 The purpose of reasonable restrictions is three fold:

 First, it protects any pre-Constitution laws restricting free speech.
 Second, it authorises the state to make laws imposing reasonable restrictions on free speech in the interests
of the sovereignty and integrity of India, security of the state, friendly relations with foreign states, public
order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
 Third, it also places limitations on the state that cannot restrict a citizen’s free speech on any grounds
other than those specifically mentioned in Article 19(2) – an often-overlooked implication of the provision.
 In May 1951, Nehru piloted the first amendment to the Constitution. The statement of objects and reasons
of the amendment bill read: “The citizen’s right to freedom of speech and expression…has been held by
some courts to be so comprehensive as not to render a person culpable even if he advocates murder and
other crimes of violence. In other countries with written constitutions, freedom of speech and of the press
is not regarded as debarring the state from punishing or preventing abuse of this freedom.”
 This gave more teeth to Article 19(2) that provides a licence to the government to curb free speech.
 Among other things, the amendment added “pubic order” to the list. It was on this point that the SC upheld
the validity of sedition law – now being invoked against activists.
 His government further strengthened the restrictions in 1963, when it brought in the 16th amendment that
added “the sovereignty and integrity of India”.
 Since then, Article 19(2) has been used to justify laws on defamation, contempt of court, obscenity, official
secrets and hate speech.
THANK YOU