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]

SIX FUNDAMENTAL FREEDOMS

[ARTICLE 19]

1. Freedom of speech and expression; [19(1) (a), 19(2)]2. Freedom to assemble peaceably and without arms; [19(1) (b), 19(3)]3. Freedom to form association or union; [19(1) (c)

19(4)]4. Freedom to move freely throughout the territory of

India; [19(1) (d), 19(5)]5. Freedom to reside and settle in any part of territory

of India; [19(1) (e), 19(6)]6. Freedom to practice any profession, or to carry on

any occupation, trade or business. [19(1) (f), 19(7)]

CANNOT BE CLAIMED BY FOREIGNER

1Freedom of speech and expression;[ARTICLE 19(1) (a) &

19(2)]

MEANING OF Freedom of speech and expression;

Right to speak and express one’s opinion by:

Words of mouthWritingPaintingPictures orAny other manner.

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.

FOUNDATION OF ALL DEMOCRATIC ORGANIZATION

SCOPE

I. Right to know and obtain information

Freedom of information act, 2002

Freedom of information amendment act, 2005

Freedom of speech and expression includes:

Right to educate and to be educatedRight to inform and to be informed.

Ozair husain v. union of India AIR 2003 Delhi 103

RESTRICTIONS/EXCEPTIONS:Government would be entitled to withhold

information related to:International investigationNational security and public safetyInvestigation, detection and prevention of

crime Internal deliberation of the govt.Information received in confidence from a

source outside the govt.

Information, if disclosed, would violate the privacy of individual

Information of economic nature (including trade secretes)

Information about scientific discoveries.

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.

III.Freedom of silence-----right not

to speakNo person could be compelled to sing

National Anthem

Freedom of expression also include right not to speak

IV. Right to reply or answer the criticism against one’s views

V. Right against sound pollution

VI. Right of convict to express himself

VII.Freedom of press

VIII.Freedom in the volume of news or views

IX. Commercial advertisement

X. Right to exhibit film on doordarshan.

XI. Right to fly the national flag

XII.Art19(1) (a) recognizes no geographical barrier

RESTRICTIONS ON FREEDOM OF SPEECH AND EXPRESSIONSECURITY OF STATEExpression which incite or encourage the

commission of offenceDanger to the security of state as well as

endangering the part of the state.

FRIENDLY RELATION WITH THE FOREIGN STATE.

PUBLIC ORDER

DEFAMATION

INCITEMENT TO AN OFFENCE

2FREEDOM TO

ASSEMBLE PEACEABLY

AND WITHOUT

ARMS[ARTICLE 19(1)(b),

19(3)]

scopeCorollary 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.

RESTRICTIONS ON FREEDOM OF FREEDOM TO ASSEMBLY 19(3)]

Assembly must be peacefulIt must be unarmedState may impose reasonable restrictions in

the interest of public order and integrity of India

No right to hold assembly on private property of others.

3FREEDOM

TO FORM ASSOCIATI

N OR UNION

[ARTICLE 19(1)(c),

19(4)

Corollary of right to freedom of speech and expression.

Essential to democracy

4FREEDOM

OF MOVEMENT [ARTICLE

19(1)(d), 19(5)

FREEDOM OF MOVEMENT 19(1)(d),

Right to move freely in the territory of india.

Right to move wherever one likes, whenever one likes.

5FREEDOM

OF AND RESIDENT 19(1)(e)

OBJECTTo make citizens national mindedUnderline the concept that India is one unit

6FREEDOM TO PRACTICE ANY PROFESSION, OR TO

CARRY ON ANY OCCUPATION, TRADE OR

BUSINESS. [19 (1)(g), 19(6)

PROTECTIN IN RESPECT

OF CONVICTION

[ARTICLE 20]

Constitute limitations on the legitimate powers of the parliament

Article 20 provides protection against1.Ex-post facto laws [20(1)]2.Double jeopardy [20(2)]3.Self incrimination [20(3)]

1 EX-POST FACTO LAWSLaw 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.)

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).

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)

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)

Protection is available if following ingredients are present:

1.It is protection available to a person accused of an offence

2.It is a protection against compulsion to be a witness; and

3.It is a protection against such compulsion resulting in his giving evidence against himself

RIGHT TO LIFE AND PERSONAL

LIBERTY [ARTICLE 21]

Applicable to CitizensNon citizensOnly to a natural person

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.

Right to live with human dignityRight to reputationRight to livelihoodSexual harassment of women at work places.Right to shelterRight to live in unpolluted environmentRight to education

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)

RIGHT TO EDUCATION

[ARTICLE 21-A]

86th amendment act, 2002

The State shall provide free and compulsory education to children of the age of 6-14 yrs

PROTECTION AGAIST ARREST AND DETENTION

[RTICLE 22]

Right to be informed of the grounds of arrestRight to consult and to be defended by a

legal practitionerRight to be produced before the nearest

magistrate.Right not to detained in custody beyond 24

hours without the authority of the magistrate.