Right to freedom

2. Six fundamental freedom [Article 19]
Protection in respect of conviction [Article 20]
Protection in life and personal liberty [Article 21]
Right to education. [Article 21-A]
Protection against arrest and detention in certain
cases [Article 22]

3. SIX FUNDAMENTAL
FREEDOMS
[ARTICLE 19]

4. hFreedom of speech and expression; [19(1) (a), 19(2)]
hFreedom to assemble peaceably and without arms;
[19(1) (b), 19(3)]
bFreedom to form association or union; [19(1) (c) 19(4)]
aFreedom to move freely throughout the territory of
India; [19(1) (d), 19(5)]
fFreedom to reside and settle in any part of territory of
India; [19(1) (e), 19(6)]
eFreedom to practice any profession, or to carry on any
occupation, trade or business. [19(1) (f), 19(7)]

5. CANNOT BE CLAIMED BY
FOREIGNER

6. 1
Freedom of
speech and
expression;
[ARTICLE
19(1) (a) &
19(2)]

7. MEANING OF Freedom of speech
and expression;
Right to speak and express one’s opinion by:
Words of mouth
Writing
Painting
Pictures or
Any other manner.

8. To express one’s opinion or idea freely through
any communicable medium
Freedom to hold opinion without interference
To seek and receive information and idea
through any medium.

9. FOUNDATION OF ALL
DEMOCRATIC
ORGANIZATION

10. SCOPE

11. I. Right to know and obtain
information
Freedom of information act,
2002
Freedom of information
amendment act, 2005

12. Freedom of speech and expression includes:
Right to educate and to be educated
Right to inform and to be informed.
Ozair husain v. union of India AIR 2003 Delhi 103

13. RESTRICTIONS/EXCEPTIONS:
Government would be entitled to withhold
information related to:
International investigation
National security and public safety
Investigation, detection and prevention of crime
Internal deliberation of the govt.
Information received in confidence from a source
outside the govt.

14. Information, if disclosed, would violate the privacy of
individual
Information of economic nature (including trade
secretes)
Information about scientific discoveries.

15. II. RIGHT OF CITIZENS/VOTERS TO KNOW THE
ANTECEDENT OF THE CANDIDATES AT ELECTION.
Voter speak out/express by casting vote
Right to know the criminal past
Debarring candidate from contesting elections if
charge have been framed against him by the court of
law.

16. III.
Freedom of silence-----right not
to speak
No person could be compelled to sing National
Anthem
Freedom of expression also include right not to
speak

17. I.Right to reply or answer the criticism against
one’s views
II.Right against sound pollution
IV.Right of convict to express himself
VI.Freedom of press

18. I.Freedom in the volume of news or views
III.Commercial advertisement
V.Right to exhibit film on doordarshan.
VII.Right to fly the national flag
IX.Art19(1) (a) recognizes no geographical barrier

19. RESTRICTIONS ON FREEDOM
OF SPEECH AND EXPRESSION
SECURITY OF STATE
Expression which incite or encourage the commission
of offence
Danger to the security of state as well as endangering
the part of the state.

20. FRIENDLY RELATION WITH THE FOREIGN STATE.
PUBLIC ORDER
DEFAMATION
INCITEMENT TO AN OFFENCE

21. 2
FREEDOM TO
ASSEMBLE
PEACEABLY
AND WITHOUT
ARMS
[ARTICLE 19(1)
(b), 19(3)]

22. scope
Corollary of right to freedom of speech and
expression.
Holding assembly to hold consultation, to express
one’s view.
To meet peacefully for consultation in respect of
public affairs.

23. RESTRICTIONS ON FREEDOM OF
FREEDOM TO ASSEMBLY 19(3)]
Assembly must be peaceful
It must be unarmed
State may impose reasonable restrictions in the
interest of public order and integrity of India
No right to hold assembly on private property of
others.

24. 3
FREEDOM
TO FORM
ASSOCIATIN
OR UNION
[ARTICLE
19(1)(c), 19(4)

25. Corollary of right to freedom of speech and
expression.
Essential to democracy

26. 4
FREEDOM
OF
MOVEMENT
[ARTICLE
19(1)(d), 19(5)

27. FREEDOM OF MOVEMENT 19(1)
(d),
Right to move freely in the territory of india.
Right to move wherever one likes, whenever one likes.

28. 5
FREEDOM
OF AND
RESIDENT
19(1)(e)

29. OBJECT
To make citizens national minded
Underline the concept that India is one unit

30. 6
FREEDOM TO PRACTICE
ANY PROFESSION, OR TO
CARRY ON ANY
OCCUPATION, TRADE OR
BUSINESS.
[19 (1)(g), 19(6)

37. PROTECTIN
IN RESPECT
OF
CONVICTION
[ARTICLE
20]

38. Constitute limitations on the legitimate powers of the
parliament
Article 20 provides protection against
3.Ex-post facto laws [20(1)]
4.Double jeopardy [20(2)]
5.Self incrimination [20(3)]

39. 1 EX-POST FACTO LAWS
Law declaring offence subsequent to the
commission of an offence.
(no one can be convicted except for violation of a law in
force.)
(criminal law amendment act, 1952, sec 165A- IPC–
bribe as a crime)
•Law enhancing penalty subsequent to the
commission of the offence.
•(no person shall be subject to a penalty greater than
that which might have been inflicted under the law in
force at the time of commission of an offence.)

40. Beneficial ex-facto laws.
The ex-facto laws which have reduced the rigour of a
criminal law, does not fall within the prohibition of
Article 20(1).
Procedural ex-facto laws.
(law enacted subsequent to the commission of an
offence , prescribing a new procedure, different from
the ordinary procedure or trial, is not hit by Article
20(1).

41. 2. DOUBLE JEOPARDY [20(2)]
No person shall be prosecuted and punished for the
same offence more than once.
Nemo debet bis vexari
( no one shall be put in jeopardy twice for the same
offence)

42. 3. SELF INCRIMINATION [20(3)]
No person accused of an offence shall be compelled to
be witness against himself.
Nemo tenetur prodere accussare seipsum
( no man is bound to accuse himself)

43. Protection is available if following ingredients are
present:
aIt is protection available to a person accused of an
offence
It is a protection against compulsion to be a witness;
and
oIt is a protection against such compulsion resulting in
his giving evidence against himself

44. RIGHT TO LIFE
AND PERSONAL
LIBERTY [ARTICLE
21]

45. Applicable to
Citizens
Non citizens
Only to a natural person

46. Fullest opportunity to develop one’s personality and
potentiality to the highest level possible
Right to live decently as a member of a civilised
society.

47. Right to live with human dignity
Right to reputation
Right to livelihood
Sexual harassment of women at work places.
Right to shelter
Right to live in unpolluted environment
Right to education

48. Right against honour killing
Right to health and timely medical aid
(duty of govt. for focusing and giving priority to the
health of its citizens)
Duty to preserve life
(in the hands 0f police authority and public authority)
No right to die or commit suicide
(sec. 309- IPC)

49. RIGHT TO
EDUCATION
[ARTICLE 21-A]

50. 86
th
amendment act, 2002
The State shall provide free and compulsory
education to children of the age of 6-14 yrs

51. PROTECTION
AGAIST ARREST AND
DETENTION [RTICLE
22]

52. Right to be informed of the grounds of arrest
Right to consult and to be defended by a legal
practitioner
Right to be produced before the nearest magistrate.
Right not to detained in custody beyond 24 hours
without the authority of the magistrate.