What are the limitations provided in Article 19 of the fundamental rights to freedom?

What are the limitations provided in Article 19 of the fundamental rights to freedom?

Under Article 19 (2) of the Indian Constitution, reasonable limits on the right to free speech and expression may be imposed. The rights guaranteed by Article 19 are not absolute. They can be limited in circumstances of national security and societal interest. The Parliament may also impose restrictions under its power of legislation.

The Supreme Court has held that even if a limit is imposed on one or more of the provisions of Article 19, it cannot be so restrictive as to deny a person any means of expressing his/her opinion freely. It has also held that such restrictions must be proportionate to the purpose they serve. They must not be arbitrary or discriminatory in nature.

In Indira Gandhi's presidential address to both houses of Parliament on 08 August 1975, she had said: "I wish to state once again that no citizen of India has been deprived of his / her right to speak up for his/her beliefs. This right lies at the heart of our democracy. Any attempt to curb it would be unwelcome and would be resisted by all those who believe in the ideals reflected in the freedoms embodied in the Constitution of India."

In Kesavan Nair v. State of Kerala3SCR1073, the Supreme Court had held that criminal defamation was an unconstitutional limitation on the right to freedom of expression.

Is our freedom really safe under Article 19?

The right to freedom is included in Article 19 of the Indian Constitution in order to protect individual rights deemed essential by the constitution's founders. One of the six freedoms guaranteed by Article 19 is the freedom of speech and expression. This means that anyone can express their views on any issue without fear of being punished by law.

However, this freedom is not absolute. The government can restrict certain forms of speech that could cause social harm. For example, the government can ban advertisements that promote violence against women or abuse alcohol. It can also censor books that are likely to create public outrage such as those that promote terrorism or racism. Finally, the government can arrest people for defaming others with false statements made through print media or online forums.

In addition to the specific freedoms listed in Article 19, there is a general guarantee given by the constitution that no one will be deprived of his/her life or personal liberty except according to procedure established by law. This provision ensures that citizens do not suffer arbitrary arrests or detention. It also prevents the police from using excessive force when making an arrest.

Freedom of thought and belief is another fundamental right protected by the constitution. This means that individuals should be free to believe what they want and practice any religion or ideology without interference from government officials. However, this right does not extend to encouraging or promoting hatred against any group of people.

Is Article 19 available to legal individuals?

Six rights are guaranteed to Indian people under Article 19 (1) of the Indian Constitution. The context, in general, freedoms. According to an interpretation of the judicial rulings, they are consequently not entitled to the protection of article 19. It is, however, limited to natural individuals. Corporate bodies can therefore only claim their rights under other articles of the constitution.

In particular, the right to freedom of expression includes a right to seek, receive and impart information and ideas via any media. This includes online social networking sites such as Facebook and Twitter. The right to speech also includes a right to peaceable assembly and protest. This right was included in the constitution to allow citizens to come together to voice their concerns with the government.

Which fundamental rights does Article 19 provide?

Nothing in the right to assemble peacefully shall affect the operation of any existing law in so far as it imposes, or prevents the State from imposing, reasonable restrictions on... in the interests of India's sovereignty and integrity or public order, according to Article 19 (3) of the Constitution. This provision is known as the "internal security" clause.

It also provides that no one shall be deprived of his life or personal liberty except according to procedure established by law. In other words, anyone who is accused of a crime has the right to defend himself in court. If he is found guilty, then he can appeal against the judgment. If he is still not satisfied with the result, then he can ask the higher court to review the case.

Finally, under this section, everyone has the right to seek information from any source within the country. This means that journalists have the right to access confidential sources for their articles.

In conclusion, Article 19 guarantees that people will not be denied their basic rights without reason. It also ensures that they will be heard if they are accused of a crime. This section is known as the "anti-discrimination" clause.

People can also invoke this article when they complain about violations of their privacy or free speech. When these complaints are made to government officials, they need to give their consent before these measures can be taken.

About Article Author

David Bell

David Bell is a journalist who has been writing for over a decade. He loves to cover topics that others don't, such as importance of particular flags or devastating accidents that have happened through history.

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