FUNDAMENTAL RIGHTS
Right to Freedom (Articles 19 & 20)
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Right to Freedom (Articles 19–22)
The Right to Freedom is one of the most important Fundamental Rights provided under the Constitution of India. It protects the personal liberty of citizens and ensures that every individual can develop his or her personality without unnecessary interference from the State.
Originally, Article 19 guaranteed seven freedoms. However, the 44th Constitutional Amendment Act, 1978 removed the Right to Property [Article 19(1)(f)] from the list of Fundamental Rights. At present, Article 19 guarantees six freedoms.
One of the most important facts for competitive examinations is that Article 19 is available only to Indian citizens. Foreign nationals cannot claim the freedoms guaranteed under Article 19.
Articles Included under Right to Freedom
Article 19 – Protection of six freedoms
Article 20 – Protection in respect of conviction for offences
Article 21 – Protection of life and personal liberty
Article 21A – Right to Education
Article 22 – Protection against arrest and detention
Article 19 – Protection of Six Freedoms
Article 19 guarantees six basic freedoms to every citizen of India. These freedoms help maintain democracy and individual liberty.
However, none of these freedoms is absolute. The Constitution allows the Government to impose reasonable restrictions in the interest of society and national security.
Six Fundamental Freedoms under Article 19
Article 19(1)(a)
Freedom of Speech and Expression
Every citizen has the right to express his or her thoughts, opinions, beliefs and ideas through speech, writing, printing, painting, films, social media, newspapers or any other lawful means.
This freedom forms the foundation of democracy because citizens can criticize the government, express opinions and participate in public affairs.
It includes
Freedom of press
Freedom to publish books
Freedom to express opinions
Freedom to remain silent
Freedom of artistic expression
Freedom through electronic and digital media
Freedom to receive information
Right to know government actions
Important Examination Point
The Constitution does not specifically mention "Freedom of Press."
The Supreme Court has held that Freedom of Press is included within Freedom of Speech and Expression under Article 19(1)(a).
This question is repeatedly asked in UPSC, SSC and JKSSB examinations.
Reasonable Restrictions under Article 19(2)
The Government may impose restrictions in the interest of
Sovereignty and integrity of India
Security of the State
Friendly relations with foreign States
Public order
Decency
Morality
Contempt of Court
Defamation
Incitement to an offence
Practical Example
A newspaper can criticize government policies.
However, it cannot publish false information that creates riots or threatens national security.
Important Supreme Court Cases
Romesh Thappar v. State of Madras (1950)
Freedom of speech is the foundation of democracy.
Shreya Singhal v. Union of India (2015)
Section 66A of the Information Technology Act was declared unconstitutional because it violated freedom of speech.
Examination Trap
Question:
Is hate speech protected under Article 19?
Answer:
No.
Speech promoting violence, terrorism or communal hatred can be restricted.
Article 19(1)(b)
Freedom to Assemble Peacefully
Every citizen has the right to assemble peacefully and without arms.
Citizens can organize
Meetings
Public gatherings
Peaceful protests
Seminars
Rallies
Religious meetings
Restrictions
Public order
Security of the State
Sovereignty and integrity of India
Important Point
A violent protest is not protected by Article 19.
Article 19(1)(c)
Freedom to Form Associations or Unions
Citizens may form
Political parties
Trade unions
Clubs
Companies
Co-operative societies
Professional organizations
Student unions
Constitutional Amendment
The 97th Constitutional Amendment added the words
"Co-operative Societies"
under Article 19.
Restrictions
Public order
Morality
Sovereignty and integrity of India
Example
Employees may form a trade union.
However, organizations working against India's sovereignty can be banned.
Article 19(1)(d)
Freedom to Move Freely
Every citizen can move freely throughout India.
No State can stop citizens from travelling without legal justification.
Restrictions
Protection of Scheduled Tribes
Public interest
Security reasons
Example
Restricted military areas
Protected forest zones
Border areas
Article 19(1)(e)
Freedom to Reside and Settle
Every citizen has the right to live anywhere in India.
Restrictions
Protection of tribal culture
Protection of Scheduled Areas
Public interest
Example
Certain tribal areas restrict outsiders from permanent settlement to preserve tribal identity.
Article 19(1)(g)
Freedom to Practice Any Profession
Every citizen may
Choose any profession
Carry on any occupation
Start a business
Run industries
Open coaching centres
Become a doctor, lawyer, engineer or entrepreneur.
Restrictions
Professional qualifications
Public interest
Government monopoly
Example
Anyone cannot become a doctor without an MBBS degree.
Similarly, driving a commercial vehicle requires a valid licence.
Government Monopoly
The Government can reserve certain businesses exclusively for itself.
Example
Railways
Atomic Energy
Certain defence industries
Easy Trick to Remember Six Freedoms
SEAMPR
S = Speech
E = Expression (included with Speech)
A = Assembly
A = Association
M = Movement
P = Profession
R = Residence
Remember that Speech and Expression together count as one freedom, making the total six freedoms.
Important Facts for Competitive Examinations
Article 19 applies only to citizens.
Reasonable restrictions are imposed only by law, not arbitrarily.
Freedom of Press is not separately mentioned in the Constitution.
Internet access is considered part of Freedom of Speech in appropriate circumstances, subject to reasonable restrictions.
Article 20
Protection in Respect of Conviction for Offences
Article 20 protects every person against arbitrary punishment.
Unlike Article 19, Article 20 is available to both citizens and foreigners.
Article 20 has three clauses.
Article 20(1)
No Ex-Post Facto Law
A person cannot be punished under a law that did not exist when the offence was committed.
Example
Suppose cheating in an examination carried a maximum punishment of one year in 2025.
If the punishment is increased to three years in 2027, a person who committed the offence in 2025 cannot receive the higher punishment.
Examination Point
Article 20(1) protects against criminal laws only, not civil laws.
Article 20(2)
Double Jeopardy
No person shall be prosecuted and punished for the same offence more than once.
Example
If a person has already been convicted and punished for theft, the person cannot be punished again for the same theft.
Important Examination Trap
Departmental enquiry and criminal trial are different proceedings.
Therefore, both may continue independently.
Article 20(3)
Protection against Self-Incrimination
No accused person can be forced to become a witness against himself.
Example
Police cannot force an accused to confess a crime.
Important Examination Point
Fingerprints
DNA samples
Photographs
Voice samples
Handwriting specimens
are generally not considered testimonial evidence and may be collected according to law.
Landmark Supreme Court Cases
Kharak Singh v. State of Uttar Pradesh (1963)
Expanded personal liberty.
Selvi v. State of Karnataka (2010)
Narco-analysis, brain mapping and polygraph tests without consent violate Article 20(3).
Comparison Between Articles 19 and 20
| Article | Available To | Main Purpose |
|---|---|---|
| Article 19 | Citizens only | Six Fundamental Freedoms |
| Article 20 | All persons | Protection against arbitrary criminal punishment |
Previous Examination Facts
Article 19 originally contained seven freedoms.
The Right to Property was removed by the 44th Constitutional Amendment Act, 1978.
Article 20 protects against
Ex-post facto laws
Double jeopardy
Self-incrimination
Multiple Choice Questions
Question 1
Article 19 is available to
A. Citizens only
B. Foreigners only
C. Citizens and foreigners
D. Stateless persons
Answer: A
Explanation: Article 19 guarantees six freedoms exclusively to Indian citizens.
Question 2
Which Fundamental Freedom includes the Freedom of Press?
A. Article 19(1)(b)
B. Article 19(1)(a)
C. Article 19(1)(c)
D. Article 21
Answer: B
Explanation: Freedom of the Press is a part of the Freedom of Speech and Expression under Article 19(1)(a).
Question 3
Which Constitutional Amendment removed the Right to Property from Fundamental Rights?
A. 42nd Amendment
B. 44th Amendment
C. 52nd Amendment
D. 61st Amendment
Answer: B
Explanation: The 44th Constitutional Amendment Act, 1978 removed the Right to Property as a Fundamental Right.
Question 4
Protection against self-incrimination is provided under
A. Article 19(1)(a)
B. Article 20(2)
C. Article 20(3)
D. Article 21
Answer: C
Explanation: Article 20(3) protects an accused person from being compelled to testify against himself or herself.
Question 5
Which one of the following is not one of the six freedoms under Article 19?
A. Freedom of profession
B. Freedom of speech and expression
C. Freedom to vote
D. Freedom to move freely
Answer: C
Explanation: The Constitution does not list the right to vote as one of the freedoms under Article 19.
Statement Type MCQs
Question 1
Statement I: Article 19 guarantees six freedoms to Indian citizens.
Statement II: Foreign nationals can also claim the freedoms under Article 19.
A. Both statements are correct.
B. Both statements are incorrect.
C. Statement I is correct but Statement II is incorrect.
D. Statement I is incorrect but Statement II is correct.
Answer: C
Explanation: Article 19 applies only to Indian citizens. Therefore, Statement I is correct and Statement II is incorrect.
Question 2
Statement I: Article 20 protects every person against ex-post facto laws.
Statement II: Article 20 applies only to Indian citizens.
A. Both statements are correct.
B. Both statements are incorrect.
C. Statement I is correct but Statement II is incorrect.
D. Statement I is incorrect but Statement II is correct.
Answer: C
Explanation: Article 20 applies to all persons, including foreigners. Hence, Statement I is correct and Statement II is incorrect.