Article 19 of the Constitution of India provides six fundamental rights to citizens, which are:

1. Right to Freedom of Speech and Expression: This means that every citizen has the right to express his or her opinions freely without fear of censorship or punishment by the government.
2. Right to assemble peaceably and without arms: This means that every citizen has the right to organize and participate in peaceful assemblies or protests.
3. Right to form associations or unions: This means that every citizen has the right to form and join associations, unions, or political parties.
4. Right to move freely throughout the territory of India: This means that every citizen has the right to move freely within the country, and to live and work in any part of India.
5. Right to reside and settle in any part of India: This means that every citizen has the right to reside and settle in any part of India.
6. Right to practice any profession, or to carry on any occupation, trade or business: This means that every citizen has the right to practice any profession, carry on any occupation, trade or business without any discrimination.

Article 19 has played a significant role in protecting the fundamental rights of citizens and ensuring that they have the freedom to express themselves, associate with others, move freely, and pursue their chosen professions or occupations.

 

Famous case laws related to Article 19 of the Constitution of India include:

1. Maneka Gandhi v. Union of India (1978): This case established the doctrine of ‘due process of law’ which meant that any law that restricted a fundamental right must be just, fair, and reasonable. The case held that the right to travel abroad was a fundamental right and could not be taken away without following the due process of law.
2. S. Rangarajan v. P. Jagjivan Ram (1989): This case held that the right to freedom of speech and expression includes the right to express unpopular or dissenting views. The case held that any restriction on freedom of speech and expression must be narrowly tailored to achieve a specific objective and must not be vague or overbroad.
3. State of Madras v. V.G. Row (1952): This case held that any law that restricts the freedom of speech and expression must be reasonable and in the interests of the sovereignty and integrity of India. The case held that the right to freedom of speech and expression is not an absolute right and can be restricted by the State if it poses a threat to public order or morality.

These landmark cases have been instrumental in shaping the interpretation of Article 19 of the Constitution of India and have set the framework for the protection of fundamental rights in the country.

Consequences of Article 19

The consequences of Article 19 are that citizens have the freedom to exercise their rights without fear of government intervention, and that the government must protect these rights. The government can only restrict these rights under certain circumstances, such as when it is necessary for public order, morality, and security of the State.

 

adv Vaibhav tomar (all rights reserved)